PRIVATF  LIBRARY 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


/ 


THE  EXISTING  LAWS 


UNITED  STATES 


GENERAL   AND   PERMANENT   CHARACTER, 


AND    RELATIXG   TO   THE 


SURVEY  AND  DISPOSITION  OF  THE  PUBLIl]  DOMAIN, 


DECEMBER    1,    1880. 


EMBRACING  REFERENCES  TO  PREVIOUS  LEGISLATION,  AND   CITATIONS 

OF  DECISIONS  FROM  THE  FEDERAL  AND  THE  STATE  COURTS  AND 

FROM  THE  EXECUTIVE  OFFICERS  OF  THE  UNITED  STATES. 


PREPARED  PURSUANT  TO  THE  AUTHORITY  OF  AN  ACT  OF  CONGRESS  AND 
UNDER  THE  DIRECTION  OF  THE    'COMMISSION   ON   THE  CODIFI- 
CATION OF  EXISTING  LAWS  RELATING  TO  THE  SURVEY 
AND    DISPOSITION    OF    THE    PUBLIC    DOMAIN." 

With  Supplement,  embracing  the  laws  of  like  character  passed  at  the  Third  Session 
of  the  Fort  -sixth  and  First  Session  of  the  Forty-seventh   Congresses, 
and  a   Digest  of  late  Decisions  under  the  Land  Laws,  in   con- 
tinuation   of  the   "Citation  of  Decisions"  of  the   Land 
Commission,  prepared  under  the  direction  of  the 
Commissioner  of  the  General  Land  Office. 


WASHINGTON: 

GOVERNMENT   FEINTING   OFFICE. 
1884. 


OKGANIZATION. 


HI) 


COMMITTEES  AND  PUBLICATIONS 

OF 

THE  PUBLIC  LAND   COMMISSION. 

ACTS  OF  CONGRESS  OF  MARCH  3,  1879,  AND  JUNE  16,  1880. 

President,   JAMES  A.  WILLIAMS,  Commissioner  General  Land  Office. 

CLARENCE  KING,  U.  S.  Geologist. 

ALEXANDER  T.  BRITTON. 

.lOHN  W.  POWELL. 

THOMAS  DONALDSON. 
Secretary,   CLARENCE  E.  DUTTON,  Capt.  Ordnance,  U.  S.  A. 


COMMITTEES  OF  THE  COMMISSION. 

Committee  on  Classification : 
.JAMES  A.  WILLIAMSON,  Chairman,  ex  officio. 
CLARENCE  KING. 
.JOHN  W.  POWELL. 

Committee  on  Codification : 
JAMES  A.  WILLIAMSON,  Chairman,  ex  officio. 
ALEXANDER  T.  BRITTON. 
THOMAS  DONALDSON. 


PUBLICATIONS   OF  THE  COMMISSION. 

Prepared  and  compiled  by  tlie  Commission : 

Preliminary  report,  with  testimony,  February  24,  1880,  1  vol. 

By  the  Committee  on  Codification. 
Prepared  and  compiled  by  Mr.  Alexander  T.  Britton: 

United  States  Land  Laws,  General  and  Permanent,  1  vol. 
United  St.ates  Land  Laws,  Local  and  Temporary,  2  vols. 

Prepared  and  executed  by  Mr.  Thomas  Donaldson  : 

The  Public  Domain,  its  History,  with  Statistics,  1  vol. 


994(157 


FINAL  REPORT  OF  THE  PUBLIC  LAND  COMMISSION. 


To  the  Senate  and  House  of  Eepresentatives  : 

I  have  the  honor  to  submit  herewith  a  report  of  the  Public  Land 
Commission,  embracing  the  history  and  a  codification  of  the  public  land 
laws,  and  I  desire  earnestly  to  invitj  the  attention  of  Congress  to  this 
important  subject. 

R.  B.  HAYES. 

Executive  Mansion,  January  18,  1881. 


To  the  Senate  and  House  of  Representatives  of  the  United  States: 

On  the  25th  of  February,  1880,  the  Public  Land  Commission  trans- 
mitted its  preliminary  report,  in  accordance  with  the  act  of  Congress, 
approved  March  3,  1879,  making  appropriation  for  the  sundry  civil  ex- 
penses of  the  Government  for  the  fiscal  year  ending  June  30, 1880.  Such 
report  was  restricted  to  recommendations  of  new  legislation,  and  con- 
cluded that  branch  of  the  duty  with  which  this  commission  was  charged. 
It  embodied  the  aggregate  labor  and  judgment  of  all  its  members. 

A  subsequent  act  of  Congress,  approved  June  IG,  1880  (Statutes  at 
Large,  vol.  21,  p.  245),  contained  the  following  clause : 

For  the  expenses  of  the  commission  on  the  codification  of  existing  laws  relating  to 
the  survey  and  disposition  of  the  public  domain,  and  for  the  completion  of  such  codi- 
fication, the  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as  may  be  necessary 
for  that  purpose,  provided  that  said  commission  shall  comi)lete  the  same  and  make 
their  final  report  on  all  the  public  lands  in  the  United  States  on  or  before  January 
first,  eighteen  hundred  and  eighty-one. 

The  official  duties  of  Commissioners  Clarence  King  and  J.  W.  Powell 
in  connection  with  the  work  of  the  geological  survey  necessitated  their 
absence  in  the  field  during  the  summer  mouths.  They  were  consequently 
unable  to  giv^e  personal  attention  to  the  work  of  codification,  and  hence 
the  execution  of  that  duty  was  submitted  by  the  commission  to  a  com- 
mittee consisting  of  J.  A.  Williamson,  Thomas  Donaldson,  and  A.  T. 
Britton.  The  duties  of  Mr.  Williamson,  as  Commissioner  of  the  General 
Land  Office,  have  prevented  his  continuous  attention  to  the  work  of  this 
committee ;  but  he  has  generally  aided  the  completion  of  the  work  witii 
his  experience,  and  has  largely  assisted  its  more  immediate  compilers 
with  all  the  facilities  within  his  personal  or  oflicial  command.  An  earn- 
est expression  of  the  obligations  of  the  committee  is  tendered  to  the 
numerous  gentlemen  comprising  his  official  stafl",  and  to  the  able  gentlo- 

V 


VI  riNAL    KKIM^UT    <»F    PUKLK^    LAND    COMMISSION. 

HUM  ill  private  station  who  have  in  various  ways  advanced  the  arduoua 
hibors  of  the  eouiinittoe.  It  is  to  be  rejxi'etted  tliat  their  numbers  are 
too  hirjje  to  permit  of  individual  aeknowKnl^ment. 

Mr.  Thomas  DonaUlson  undertook  the  eompihition  of  a  detaih'd  his- 
tory of  the  origin,  organization,  and  progress  of  the  public  land  system. 
The  result  of  his  work  is  embodied  in  the  accompanying  volume,  entitled 
"The  Public  Domain — Its  History,  with  Statistics."  It  contains  thirty- 
three  chapters,  giving  the  origin,  growth,  and  disi)osition  of  the  public 
domain,  tracing  the  several  systems  from  their  origin,  and  giving  full 
statistics  of  operations  under,  and  results  of,  the  several  acts  for  the 
sale  and  disposition  of  the  public  lands  up  to  June  30,  1880.  It  is  a 
compendium  of  information  which  it  is  hoped  will  be  no  less  valuable  to 
the  public  at  large  than  useful  to  those  officially  interested  in  the  subject. 

Mr.  A.  T.  Britton  undertook  the  compilation  of  the  public  land  laws. 
The  scope  and  character  of  his  work,  as  also  that  of  Mr.  Donaldson, 
were  specifically  outlined  upon  page  6  of  the  printed  volume  of  the  Re- 
port of  the  Commission  transmitted  to  Congress  by  the  President  of 
the  United  States  on  the  25th  February,  1880,  and  to  ])rovide  the  means 
to  execute  which  the  subsequent  ai)propriation  of  June  IG,  1880,  was 
enacted.  The  result  of  his  work  is  embodied  in  the  one  volume,  here- 
with submitted,  and  entitled — 

"  United  States  Land  Laws,  General  and  Permanent,"  and  the  two 
volumes  entitled — 

"  United  States  Land  Laws,  Local  and  Temporary." 

The  first  book  contains  the  existing  legislation  of  Congress  of  a  gen- 
eral and  permanent  nature  concerning  the  disposition  and  survey  of 
the  public  domain.  The  present  laws  have  been  compiled  in  an  orderly 
manner,  but  without  changing  either  their  substance  or  text.  Each 
general  subject  of  legislation  is  collated  in  a  separate  chapter;  but  the 
sections  are,  for  convenient  reference,  numbered  consecutively  through- 
out the  volume.  Under  each  section  complete  references  are  given  to 
the  antecedent  legislation  upon  the  same  subject,  and  out  of  which  said 
section  has  grown.  Copious  citations  are  also  made  under  each  section 
of  all  decisions  construing  the  same  in  any  manner,  and  embracing 
dettisions  by  the  Federal  courts,  the  supreme  courts  of  the  seveml  pub- 
lic-land States  and  Territories,  the  Department  of  J  ustice,  the  Secretary 
of  the  Interior,  and  the  Commissioner  of  the  General  Land  Office. 

The  other  two  volumes  contain,  in  chronological  order,  in  each  State 
and  Territory  connected  at  any  time  with  the  public  land  system,  the 
entire  legislation  of  Congress  of  a  local  or  temporary  character,  and 
upon  which  the  land  titles  of  such  State  or  Territory  have  depended. 
A  series  of  consecutive  numbers  has  been  prefixed  to  the  laws  through 
these  two  volumes,  and,  by  proper  notation  of  such  numbers  in  foot- 
notes, each  act  is  connected  with  all  other  acts  upon  the  same  subject. 
Where  the  same  legislation  runs  equally  through  more  than  one  State 
or  Territory,  it  is  published  complete  in  one,  and  appropriate  references 
are  made  in  the  other. 


FINAL    REPORT    OF    PUBLIC    LAND    COMMISSION.  VII 

These  volumes  of  local  and  temporary  legislation  contain  also  a  digest 
of  all  Indian  treaties  affecting  the  titles  to  public  lands;  a  list  of  all 
existing  military  reservations,  Avith  the  authority  therefor,  and  the 
boundaries  thereof ;  and  a  copious  citation  of  cases,  wherein,  by  sub- 
ject-matter, the  leading  decisions  of  the  Federal  and  State  courts  and 
of  the  United  States  executive  officers  upon  jjublic  land  questions  may 
be  readily  referred  to. 
The  entire  legislation  is  brought  up  to  the  1st  of  December,  1880. 
All  of  which  is  respectfully  submitted. 

J.  A.  WILLIAMSON. 
THOMAS  DONALDSON. 
A.  T.  BEITTON. 
J.  W.  POWELL. 
CLARENCE  KING. 


CONTENTS. 


Chapter 


I. 

n. 
ni. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

xni. 

XIV. 
XV. 

xvi. 

xvn. 

xvin. 

XIX. 
XX. 
XXI 


Seotion.  Page. 

SeCRETAKY  OF  THE  INTKKIOB 1-30  1-4 

General  Land  Office 31-76  5-14 

Surveys  AND  Surveyors 77-123  15-28 

Land  Districts  AND  Officers 124-147  29-60 

Special  Agents 148,149  61 

Public  Sales  and  Private  Ent&iks 150-173  62-67 

Pre-emptions 174-211  68-79 

Homesteads 212-255  80-94 

Timber  AND  Timber  Culture 256-286  95-106 

Town  Sites  and  County  Seats 287-306  107-113 

Bounty-land  Warrants  and  Scrip 307-351  114-128 

General  Grants  to  States  and  Tkrritoriks..  .  352-385  129-141 

MineralLands 386-421  142-158 

WaterRights 422-425  159-161 

Donations 161 

DesertLands 426-428  162,163 

Repayments  of  Purchase  Money 429^33  164, 165 

Reservations 434-439  166,167 

Easements 440-461  168-173 

Private  Land  Claims 462-465  174-176 

,  Miscellaneous  Provisioks ^ 466-486  177-183 


I>IIEF'^CE. 


This  volume  was  prepared  by  the  codification  committee  of  the  Public 
Land  Commission,  which  was  created  by  an  act  of  Congress  approved 
March  3,  1879  (Statutes  at  Large,  Vol.  20,  p.  394),  and  continued  by  an 
act  of  Congress  approved  June  16,  1880  (Statutes  at  Large,  Vol.  21,  p. 
245). 

It  contains  the  existing  legislation  of  Congress  of  a  general  and  per- 
manent nature  concerning  the  disposition  and  survey  of  the  public  do- 
main. The  present  laws  have  been  compiled  in  an  orderly  manner,  but 
without  changing  either  their  substance  or  text.  Each  general  subject 
of  legislation  is  collated  in  a  separate  chapter,  but  the  sections  are,  for 
convenient  reference,  numbered  consecutively  throughout  the  volume. 
Under  each  section  complete  references  are  given  to  the  antecedent 
legislation  upon  the  same  subject  and  out  of  which  said  section  has 
grown.  Copious  citations  are  also  made  under  each  section  of  all  decis- 
ions construing  the  same  in  any  manner,  and  embracing  decisions  by 
the  Federal  courts,  the  supreme  courts  of  the  several  public  land 
States  and  Territories,  the  Department  of  Justice,  the  Secretary  of  the 
Interior,  and  the  Commissioner  of  the  General  Land  Office. 

All  legislation  of  a  local  or  temporary  character  has  been  omitted 
from  this  volume.  The  same  appears  in  a  second  volume,  wherein  the 
entire  chain  of  Congressional  land  acts  is  arranged  chronologically  for 
each  State  and  Territory,  and  properly  connected.  It  contains  a  table 
of  authorities,  wherein  all  judicial  and  executive  decisions  bearing  upon 
each  subject-matter  are  cited. 

J.  A.  WILLIAMSON, 
CLAEENCE  KING, 
J.  W.  POWELL, 
THOMAS  DONALDSON, 
A.  T.  BRITTON, 

CommissionerH. 
Washington,  December  1,  1880. 


CHAPTER    ONE. 
SECRETAKY  OF  THE  INTERIOR. 


Sec. 
1. 
2. 

3. 
4. 


10. 
11. 

12, 

13. 

14. 
15. 
16. 


Supervisory  authority  of  Secretary. 

Power  to  grant  military  bounty-land 
warrants. 

Exemplifications  of  papers. 

Authority  to  take  bonds  of  surveyors- 
general. 

Shall  require  public  land  surveys  to 
be  completed. 

Power  to  discontinue  land  offices. 

Power  to  make  allowances  for  office 
rent  and  clerk  hire. 

Repayment  of  purchase  money,  &c. 

Remedial  authority  under  treaty  of 
1854. 

Correction  of  erroneous  land  entries. 

Appraisement  and  sale  of  town-site 
reservations. 

Authority  to  survey  and  plat  a  city  or 
town. 

Authority  to  vary  subdivisional  sur- 
veys in  Nevada. 

Geodetic  surveys  in  Oregon  and  Cali- 
fornia. 

Departure  from  rectangular  surveys 
in  California. 

May  pay  surveyors  by  the  day  in  Ore- 
gon and  California. 


Sec. 

17.  Location  of  land  warrants  free  of  ex- 

pense. 

18.  May  authorize  issue  of  patents  on  lost 

land  warrants. 

19.  May  issue  new  land  warrants  in  lieu 

of  those  lost. 

20.  May  issue  patents  to  the  heirs  of  war- 

rantees. 

21.  Board  of  equitable  adjudication. 

22.  Shall    have    control    of   Yellowstone 

Park. 

23.  Duties  relative  to  swamp  lands. 

24.  Shall  approve  accounts  of  indemnity 

for  swamii  lands. 

25.  To  give  notice  of  completion  of  sur- 

veys in  Minnesota  and  Oregon. 

26.  Required  to  sign  requisitions  on  Treas- 

ury for  moneys. 

27.  To  prescribe  the  duties  of  Assistant 

Secretary. 

28.  To  designate  and  set  apart  agricul- 

tural from  mineral  lands. 

29.  Shall  prescribe  regulations  for  subdi- 

vision of  fractional  sections. 

30.  Designation  of  newspapers  for  publi- 

cation of  proclamations  of  sales  of 
lands. 


Section  1.  The  Secretary  of  the  Interior  is  charged  with  Supervisory au- 
the  supervision  of  public  business  relating  to  the  following  ^^y  "^  ^^^^ 

subjects : 

******* 

Second.  The  i)ublic  lands,  including  mines. 

2  Stat.  716;  5  id.  107;  9  id.  395;  R.  S.  441.  Wilcox  v.  Jackson, 
13  Pet.  498;  Maguire  r.  Tyler,  1  Black,  195;  Snyder  v.  Sickles, 
8  Otto,  203;  Wolsey  v.  Chapman,  S.  C,  Oct.  T.,  1879,  in  manu- 
script; Patterson  v.  Tatum,  3  Saw.  C.  C.  164.  3  Op.  Att.  Gen. 
137 ;  12  id.  250.  2  Laws,  Instructions  and  Opinions,  104 ;  1  Lester, 
631.    Hesters  v.  Brenuan,  50  Cal.  211. 

Sec.  2.  He  shall  grant  warrants  to  parties  entitled  to  land  Power  to  grant 
heretofore  or  hereafter  given  by  the  United  States  for  mill-  l^dtyYiraX*^" 
tary  services. 

2  Stat.  717 ;  R.  S.  456. 

Sec.  3.  Copies  of  papers  filed  in  the  Interior  Depai'tment^.^^<''"pi'fica. 
and  remaining  therein  shall  be  authenticated  under  the 
hand  of  the  Secretary  and  the  seal  of  the  General  Land 
OfiSce. 

3  Stat.  721  ;  5  id.'lU  ;  R.  S.  460. 


2  SECRETARY    OK    THE    INTERIOR. 

Aathoritv  to     Sec.  4.  Tlio  boiuls  of  siirvoyorspoiieral  shall  bo  executed 
i^c^'J'rl'go^'^it^  Uoliverod  to  the  Secretary  of  the  Interior. 

*™1-  "  ;?  Stat.  G[)7;  \i.  S.  'J'^lf).     U.  S.  v.  Tingoy,  5  Pet.  115;   U.  S.  r.  Ste- 

l)lK'nsoii.  1  MuLc>an,  C.  C.  4('>'J  ;  Farrar  r.  U.  S.,  5  Pet.  373. 

Shall  compieto     Sec.  5.  llo  sluill  tuko  tlic  iioccssary  measures  for  the  com- 
pubiio  land  «"r.  j^j^^^j^j^  ^j.  ^^^  public-luiul  survcys. 

5  Stat.  384 ;  ID  id.  121 ;  R.  S.  2218. 

r..wer  to  dia-     Sec.  G.  Uo  sliall  discoutiiiue  the  land  office  in  any  district 
commuo  iiui'iof -^^.jj(,j,^,jjj  ^]^q  public  lauds  are  reduced  to  less  than  one  hun- 
dred thousand  acres,  and  shall  give  notice  at  what  conven- 
ient existing  land  othce  such  residue  shall  be  subject  to  sale. 

5  Stat.  455;  R.  S.  2249;  Mathews  r.  Zane's  Lessee,  5  Cranoh.  95; 
same  case,  7  Wheat.  164. 

Allowances  to     Sec.  7.  He  shall  make  a  reasonable  allowance  for  office 
^    "  ^^^'       rent  for  consolidated  land  offices,  and  may  approve  the  em- 
ployment of  clerks  by  the  register. 
12  Stat.  131 ;  R.  S.  2255. 

Renayment  of     Sec.  8.  Ho  Is  authorized  to  repay  the  purchase  money, 
purchase  money,  ^^^g^  commissious,  and  cxccss  payments  in  cases  where  the 
lands  have  been  erroneously  sold  and  the  title  cannot  be 
confirmed. 

4  Stat.  80  ;  11  id.  387 ;  act  Juno  IG,  1880 ;  R.  S.  2362.  4  Op.  Att.  Gen. 
277.  Decisions  Sec.  Int.,  Aug.  17,  1849 ;  July  23,  1864 ;  April  15, 
1878;  Aug.  5,  1878;  May  7,  1879;  Nov.  20,  1878;  July  1,  1879; 
July  29,  1879;  Aug.  12,  1878;  Jan.  8,  1880. 

Remedial  an-     Sec.  9.  He  is  authorized  to  permit  innocent  parties  who 
treaty  o'fisiif^'^Piirchased  and  located  claims  arising  under  the  treaty  of 
September  thirty,  eighteen  hundred  and  fifty-four,  to  per- 
fect their  entries  with  cash  or  military  bounty-land  warrants. 

17  Stat.  340;  R.  S.  2368.  Decisions  Sec.  Int.,  July  6,  1876;  July  19, 
1879;  May  6,  1880. 

Correction  of     Sec.  10.  He  is  authorized  to  allow  erroneous  entries  of 
erroneoasentriea.  i^^jg  g^j^j  j^^  private  Sale  aud  Warrant  locations  to  be  cor- 
rected ;  and  this  authority  extends  to  patented  cases  upon 
surrender  of  the  patent  with  satisfactory  relinquishment  of 
title  indorsed  thereon. 

3  Stat.  526 :  4  id.  301 ;  10  id.  257  ;  R.  S.  2369,  2370,  2371. 
Appraispment  Sec.  11.  When,  in  the  opinion  of  the  President,  the  pub- 
efte  resenr^atio^s!  lie  interests  require  it,  he  shall  cause  town-site  reservations 
to  be  surveyed  into  lots;  shall  fix  their  cash  value  by  ap- 
praisement of  disinterested  persons ;  and,  after  oflering 
same  at  public  entry  to  the  highest  bidder,  shall  prescribe 
regulations  for  sale  of  the  residue  at  private  entry  at  not 
less  than  the  ap^jraised  values.  All  such  sales  shall  be  con- 
ducted by  the  register  and  receiver  of  the  proper  land  dis- 
trict. 

12  Stat.  754 ;  R.  S.  2381.     U.  S.  v.  Hare,  4  Saw.  C.  C.  653. 

Authorit^^to  Sec.  12.  He  may  cause  a  survey  and  plat  to  be  made  of 
dtT^or  town!  a  city  or  town,  if  within  twelve  months  from  its  establish- 
ment on  the  public  domain  the  parties  interested  do  not  file 
in  the  General  Land  Office  the  showing  required  by  law ; 
and  thereafter  the  minimum  price  of  lots  included  therein 
shall  be  increased  fifty  per  centum. 

13  Stat.  344  ;  R.  S.  2384. 

1  L  O  1 


SECRETARY    OF    THE   INTERIOR.  3 

Sec.  13.  He  may  vary  the  subdivisioual  surveys  in  the  Authority  to 
State  of  Nevada  from  a  rectangular  form  to  suit  the  circum-  Jolli  Bu-^y^'yl'^ 
stances  of  the  country.  Nevada. 

14  Stat.  86 ;  R.  S.  2408.     Hoydeufeldt  v.  Mining  Co.,  3  Otto,  634. 

Sec.  14.  He  may  authorize  the  geodetic  method  of  sur-  Geodetic  sur- 
vey  in  Oregon  and  California.  In^^caiifo?nfa"°" 

9  Stat.  496;  10  id.  245;  R.  S.  2409. 

Sec.  15.  He  may  direct  a  departure  from  the  rectangular  Departure  from 
mode  of  survey  in  the  State  of  California.  veys^T^caifib^; 

10  Stat.  245 ;  R.  S.  2410.  nia. 

Sec.  16.  He  may  direct  compensation  by  (he  day  for  sur-  Payforsurvoys 
veys  in  Oregon  and  California.  ]li&^tr 

10  Stat.  247 ;  R.  S.  2411. 

Sec.  17.  He  may  prescribe  regulations  for  the  location    Location  of 
and  patenting,  free  of  expense,  of  any  military  bounty-land  J^I^^l^  ^'^^  "^ 
warrant  transmitted  for  that  purpose  to  the  General  Land 
Office. 

9  Stat.  521 ;  R.  S.  2437,     Decision  Sec.  Int.,  March  1,  1876. 

Sec.  18.  He  may  authorize  issue  of  patents  in  cases  of  Patents  to  issue 
lost  military  bounty-land  warrants.  ?°i*  ^^""^  '"^'■• 

3  Stat.  317 ;  R.  S.  2439. 

Sec.  19.  He  shall  cause  new  bounty-laud  warrants  to  be    May  issue  new 
issued  in  lieu  of  lost  or  destroyed  warrants,  and  shall  pre-  jf^u  Jf  tLo'^sl^^oit' 
scribe  regulations  for  the  prevention  of  frauds. 
12  Stat.  90;  18  id.  Ill ;  R.  S.  2441,  2442. 

Sec.  20.  He  shall  issue  patents  to  the  heirs  of  persons  en-   Patents  to  heirs 

titled  to  bounty  lands.  of  warrantees. 

5  Stat.  650 ;  R.  S.  2443. 

Sec.  21.  Conjointly  with  the  Attorney-General  and  the    Board  of  acyu- 
Commissioner  of  the  General  Land  Office,  he  shall  pre- '^''^"*''^- 
scribe  regulations  for  the  equitable  decision  of  suspended 
entries  of  public  lands  and  of  suspended  pre-emption  claims, 
and  adjudicate  in  what  cases  patents  shall  issue  upon  the 
same. 

9  Stat.  51;  10  id.  258;  11  id.  22;  18  id.  50;  19  id.  244  ;  R.  S.  2450, 
2451. 

Sec.  22.  He  shall  have  exclusive  control  of  the  YeUow-  Teiiowstone 
stone  Park,  with  authority  to  lease  portions  thereof.  ■^*'"^* 

17  Stat.  33 ;  R.  S.  2475. 

Sec.  23.  He  shall  make  accurate  hsts  and  plats  of  the    swamp  and 
swaujp  and  overflowed  lands  granted  to  the  several  States  ©"^'erflowcdianda. 
and  transmit  same  to  the  governors  thereof;  and  at  the 
request  of  the  governor  of  any  State  in  which  such  lauds 
are  situate,  he  shall  cause  patents  to  be  issued  conveying  to 
said  State  the  fee-simple  of  said  lands. 

9  Stat.  519;  R.  S.  2479,  2480.  Railroad  Co.  v.  Smith,  9  Wall.  95; 
French  v.  Fyan,  3  Otto,  169  ;  Martin  v.  Marks,  7  id.  345.  9 
Op.  Att.  Gen.  253.  Clarkson  v.  Buchanan,  53  Mo.  563  ;  Mastor- 
Bon  V.  Marshall,  65  id.  94  ;  Funkhousor  v.  Peck,  67  id.  20 ;  Busch 
V.  Donohuc,  31  Mich.  481 ;  Kilo  v.  Tubbs,  23  Cal.  431 ;  Kornanv. 
Griffith,  27  id.  87;  Fremont  Co.  r.  R.  R.  Co.,  22  Iowa,  91;  R.  R. 
Co.  V.  Brown,  40  id.  333;  Page  Co.  v.  R.  R.    Co.,  40  id.  520;  Ed- 


4  SECRKTAHY    OF    THE    INTERIOli. 

luonson  v.  Corn,  &2  Ind.  17;  Gnitham  r.  AVkins,  C2  IUh.  359; 
Smith  f.  Oooiloll,  G6  id.  450  ;  Compton  v.  Prince,  07  id.  281 ;  Gas- 
ton r.  Soott,  5  Oivg.  48. 

indoninitv  for     Skc.  24.  Iiuloiuiiitv  loF  swainj)  hiiids  sold  by  the  United 
•waa,,.  land*,      gtatos  shall  iiot  1)0  allowed  until  approved  by  the  Secretary 
of  the  Interior. 

10  Stat.  (i;J4,G35;  K.  S.  2482. 
Kotiio  of  com-     Sec.  25.  lie  shall  notily  the  {governors  of  the  States  of 
SiiinrTOt*  *  aVd  ^li'UH'sota    and   Oroijon  when   public  land  surveys  have 
orv};on.  bcon  Completed  and  condrmed  in  said  States. 

12  Stat.  :5;  R.  S.  2490.  Gaston  v.  Scott,  5  Orog.  48.  Docisiona 
Sec.  Int.,  Oct.  i:{,  1876;  Jan.  7,  1879;  April  15,  1880. 

rwo.ini>ut  ions  for     Sec.  20.  Hc  sliall  sign  all  requisitions  for  the  advance  or 

T^^ali-.  "''°°piiyi"*?nt  of  money  out  of  the  Treasury,  on  estimates  or 

a(!counts  approved  or  certified  by  the  Commissioner  of  the 

General  Land  Ollice,  subject  to  the  control  of  the  proper 

accounting  officers  of  the  Treasury. 

9  Stat.  :?95 ;  R.  S.  444.     1  Lester,  314. 

To    prescribe     Sec.  27.  He  sliall  prescribe  the  duties  of  the  Assistant 
i^t^KU^*^ Secretary  of  the  Interior,  who  shall  act  as  the  Secretary  of 
the  Interior  in  the  absence  of  that  officer. 
12  Stat.  369 ;  R.  S.  439. 

Desipation  of  Sec.  28.  Upou  the  survcy  *)f  lands  designated  as  mineral, 
^erai  ki'da"*™  the  Secretary  of  the  Interior  may  designate  and  set  apart  such 
portions  of  the  same  as  are  clearly  agricultural  lands,  which 
lands  shall  thereafter  be  subject  to  pre  emption  and  sale  as 
other  public  lands  and  be  subject  to  all  the  laws  and  regu- 
lations applicable  to  the  same. 

14  Stat.  253 ;  R.  S.  2342. 

Subdivision  of     Sec.  29.  He  sliall  prescribe  regulations  for  the  subdivision 
fractional  sec- ^f  fractional  scctions. 

tions. 

3  Stat.  566 ;  4  id.  503 ;  R.  S.  2397.  Gazzam  v.  Phillips'  Lessee  et 
al.,  20  How.  372.  3  Op.  Att.  Gen.  281.  Decision  Com.  G.  L.  O., 
May  17,  1875. 

Designation  of     Sec.  30.  It  Shall  bc  the  duty  of  the  Secretary  of  the  In- 

newspaper  to  terior  to  designate  one  newspaper  in  each  State  or  Terri- 

mations  for  sale  tory,  wlierc  public  lauds  are  situated,  for  the  publication  of 

of  lands.  a^jj  Executive  proclamations  relating  to  the  sale  of  public 

lands. 

19  Stat.  221. 


CHAPTER    TWO. 


THE  GENEEAL  LAND  OFFICE. 


Sea 

31V  Commissioner  of  the   General   Land 

Office. 
.32.  Duties  of  the  Commissioner. 

33.  Commissioner  to  have  custody  of  seal, 

books,  records,  «fec. 

34.  Commissioner  to  make  plats  and  fur- 

nish information  when  required  by 
the  President  or  Congress. 

35.  To  audit  and  settle  accounts  relative 

to  public  lands. 

36.  Fees  for  exemplified  copies  of  records 

and  patents. 

37.  Entry  of  lands  in  States  where  there 

are  no  land  offices. 

38.  Commissioner    to  jjerform    duties  of 

surveyor-general  when  surveying 
district  is  discontinued. 

39.  Appeals    from    decisions    of   district 

land  officers  and  Commissioner  in 
pre-emption  contests. 

40.  Where  pre-emptor  after  filing  for  land 

becomes  register  or  receiver. 

41.  Commissioner  has  power  to  regulate 

costs  of  survey  and  publications  in 
mineral  cases. 

42.  Commissioner  to  fix  maximum  price  of 

reservations  restored  to  market. 

43.  Commissioner  authorized  to  allow  er- 

roneous description  in  entries  to  be 
corrected. 

44.  Commissioner  shall  prescribe  regula- 

tions for  sale  of  town  lots. 

45.  Commissioner  shall  approve  all  con- 

tracts for  surveys. 

46.  Commissioner's    instructions    deemed 

part  of  contract  for  surveying. 

47.  Commissioner  shall  fix  the  price  of 

public  surveys  and  instruct  survey- 
ors-general how  to  keep  accounts 
of  costs  of  surveys  of  private  land 
claims. 

48.  Commissioner  shall  issue  instructions 

for  surveys  under  deyjosit  system. 

49.  Commissioner  may  allow  augmented 

rates  for  surveys  of  forests,  &c.,  in 
Oregon. 

50.  Commissioner  may  allow  augmented 

rates  for  surveys  of  forests,  &c.,  in 
California  and  Washington  Terri- 
tory. 

51.  Commissioner  shall  prescribe  regula- 

tions and  terms  for  geodetic  surveys 
in  Oregon  and  California. 

52.  Commissioner  may   allow  compensa- 

tion by  the  day  for  surveys  in  Ore- 
gon and  Califomia. 


Sec. 

53.  Commissioner  shall  prescribe  regula- 

tions for  assignment  and  location  of 
bounty-land  warrants. 

54.  Commissioner  shall  cause  bounty-land 

warrants  to  be  located  free  of  ex- 
liense. 

55.  Commissioner  shall  prescribe  regula- 

tions for  relocation  of  bounty-land 
warrants. 

56.  Commissioner,  conjointly  with  Secre- 

tary of  Interior  and  Attorney-Gen- 
eral, shall  adjudicate  suspended  en- 
tries. 

57.  Commissioner  may  order  certain  lands 

into  market  without  Presidential 
proclamation. 

58.  Commissioner  may  reissue  patents  on 

entries  confirmed  by  board  of  equi- 
table adjudication. 

59.  Commissioner  shall  prepare  copies  of 

records  and  papers  for  use  in  courts 
of  justice. 

60.  Commissioner  shall  allow  iudemnity 

for  swamp  lands. 

61.  Commissioner  may  make  regulations 

for  execution  of  public  land  laws. 

62.  Commissioner  to  perform  duties  of  re- 

corder of  laud  titles  for  Missouri. 

63.  Commissioner  shall  issue  patents  for 

public  lands  and  private  land 
claims. 

64.  Commissioner    to    issue    patents    on 

claims  heretofore  confirmed. 

65.  Fee-simple  to  pass  in  all  grants  of  land 

to  States  and  Territories  where 
lands  are  of  character  granted. 

66.  Chief  clerk  General  Land  Office. 

67.  Recorder  General  Laud  Office. 

68.  Duties  of  recorder. 

69.  Patents,  how  executed. 

70.  Principal  clerks  of  public  lauds  and 

private  land  claims. 

71.  Officers,  clerks,  and  onjployi^s  of  Gen- 

eral Land  Ollice  not  to  be  interested 
in  purchase  of  public  lauds. 

72.  Secretary  to  the  President  to  sign  land 

patents. 

73.  Assistant  Secretary  to  sign  land  pat- 

ents. 

74.  Warrants  for  military  lands  to  be  re- 

corded, &c. 

75.  Authentication  of  papers  filed  in  the 

Department  of  the  Interior. 

76.  Principal  clerk  of  surveys. 


6  THE    GENERAL    LAND    OFFICE. 

Commi»aiouor        SKC.  31.    Tliei'O    sllilll  1)(>    ill    tllC    1  )(']):ilt  lIUMlt   of  tllO   Inte 

Jl^'j'^jg^"'''""' rior  a  Commissioiu'r  of  tlic  ('.ciicral  Land  Oilier,  who  shall 
bo  apj)oiiitO(l  by  the  Prosidciit,  by  and  with  the  advict'  and 
consent  of  the  Senate,  and  shall  be  entitled  to  a  salary  of 
four  thousand  dollars  a  year. 

2  Stat.  717  ;  5  id.  107;  17  id.  50^;  R.  S.  44(). 
Dutiea  of  Com-     Sec.  32.  The  Commissioncr  of  the  General  Land  Office 

iniiwoner.  shall  ijertonu,  under  the  direction  of  the  Secretary  of  the 

Interior,  all  executive  duties  appertaining?  to  the  surveying 
and  sale  of  the  public  lands  of  the  United  States,  or  in  any- 
wise respecting  such  public  lands,  and,  also,  such  as  relate 
to  private  claims  of  lands,  and  the  issuing  of  patents  for  all 
grants  of  land  under  the  authority  of  the  Government. 

-2  Stat.  716;  5  id.  107;  Id  id.  G2,  317;  K.  S.  4f3.  Foley?-.  Har- 
rison, 15  How.  433;  Barnard's  Heirs  v.  Ashley's  Heirs,  18  id.  43; 
Bell  r.  Hearne,  19  id.  25*J  ;  Castro  v.  Hendricks,  23  id.  438;  Ma- 
puire  r.  Tyler,  1  Black,  195;  Harkness  v.  Undcrliill,  1  id.  316;  U. 
S.  r.  Commissioner,  5  Wall.  563;  Gaines  v.  Thompson,  7  id.  349; 
Sec'v  V.  McGarrahan,  9  id.  298;  Johnson  v.  Towslcy,  13  id.  72. 
12  Op.  Att.  Gen.  250.  Le  Roy  v.  Clayton,  2  Saw.  C.  C.  493 ; 
Patterson  v.  Tatuni,  3  id.  164  ;  Le  Roy  v.  Jamison,  3  id.  369.  Lott 
V.  Prndhomme,  3  Rob.  (La.)  293;  Bettis  v.  Amonett,  4  id.  364; 
Foley  V.  Harrison,  5  id.  75 ;  Gurdry  v.  Wood,  19  id.  234 ;  Lamont 
r.  Stiuson,  3  Wis.  545;  Fremont  Co.  v.  R.  R.  Co.,  22  Iowa,  91; 
Bellows  r.  Todd,  34  id.  18;  Brill  f.  Stiles,  35  Ills.  305;  Aldrich 
I".  Aldrich,  37  id.  32 ;  Lewis  v.  Lewis,  9  Mo.  183 ;  Pope  v.  Atheam, 
42  Cal.  606 ;  Hosmer  v.  Wallace,  47  id.  461 ;  Parker  v.  Duff,  47 
id.  554;  McGarrahan  v.  Mining  Co.,  49  id.  ,331 ;  Hesters  v.  Bren- 
nan,  50  id.  211;  Vance  v.  Kohlburg  50  id.  346;  Weavers.  Fair- 
child,  50  id.  360  ;  Fugy  v.  Hensley,  52  id.  299. 

custwiyofseai,      Sec.  33,  The  Commissioner  of  the  General  Land  Office 
^ks,    records,  sijaii  retain  the  charge  of  the  seal  heretofore  adopted  for 
the  office,  which  may  continue  to  be  used,  and  of  the  rec- 
ords, books,  papers,  and  other  property  appertaining  to  the 
ofiBce. 

2  Stat.  717;  R.  S.  4.54. 

Plata  of  lands     Sec.  34.  The  Commissioner  of  the  General  Land  Office 
•orveyed.  shall,  when  required  by  the  President,  or  either  House  of 

Congress,  make  a  plat  of  any  land  surveyed  under  the 
authority  of  the  United  States,  and  give  such  information 
respecting  the  public  lands  and  concerning  the  business  of 
his  office  as  shall  be  directed. 

2  Stat.  717 ;  R.  S.  455. 

Eetnmaandac-  Sec.  35.  All  rctums  relative  to  the  public  lands  shall  be 
xmnte  relative  to  j^^^lg  to  the  Commissioner  of  the  General  Land  Office;  and 
he  shall  have  power  to  audit  and  settle  all  public  accounts 
relative  to  the  i)ublic  lands ;  and  upon  the  settlement  of  any 
such  accounts  he  shall  certify  the  balance,  and  transmit  the 
account  with  the  vouchers  and  certificate  to  the  First  Comp- 
troller of  the  Treasury,  for  his  examination  and  decision 
thereon. 

2  Stat.  717  ;  R.  S.  456. 

Feea  for  exem-     Sec.  30.  All  exemplifications  of  patents,  or  papers  on  file 
pltenta,*ic°^  °^or  of  rccord  in  the  General  Land  Office,  which  may  be  re- 
quired by  i:)arties  interested,  shall  be  furnished  by  the  Com- 
missioner upon  the  payment  by  such  parties  at  the  rate  of 
fifteen  cents  per  hundred  words,  and  two  dollars  for  copies 


THE  GENERAL  LAND  OFFICE.  7 

of  township  plats  or  diagrams,  with  an  additional  sum  of 
one  dollar  for  the  Commissioner's  certificate  of  verification 
with  the  General  Land  Office  seal ;  and  one  of  the  employes 
of  the  ofQce  shall  be  designated  by  the  Commissioner  as  the 
receiving  clerk,  and  the  amount  so  received  shall,  under  the 
direction  of  the  Commissioner,  be  paid  into  the  Treasury ;  but 
fees  shall  not  be  demanded  for  such  authenticated  copies  as 
may  be  required  by  the  officers  of  any  branch  of  the  Gov- 
ernment, nor  for  such  unverified  copies  as  the  Commissioner 
in  his  discretion  may  deem  proper  to  furnish. 

13  Stat.  375;  E.  S.  461.  Lane  v.  Bommelmann,  17  Ills.  95  ;  Lacy  v. 
Davis,  4  Mich.  140 ;  Gilman  v.  Ripela,  18  id.  145 ;  Clark  v.  Hill, 
19  id.  356 ;  Boyd  v.  Stambaugh,  34  id.  348 ;  Ansley  v.  Peterson,  30 
Wis.  653 ;  McLean  v.  Bovee,  35  id.  27  ;  Kelly  v.  Wallace,  14  Minn. 
336;  Washburn  v.  Mendenhall,  21  id.  332;  Barton  v.  Murrain,  27 
Mo.  235  ;  Railroad  Co.  v.  Moore,  37  id.  338 ;  Stephen  v.  Westwood, 
25  Ala.  716;  Smith  v.  Mosier,  5  Blackf.  (lud.)  51.  Cir.  G.  L.  O., 
July  20,  1875. 

Sec.  37.  That  public  lands  situated  in  States  in  which .  Entry  of  lands 
there  are  no  land  offices  may  be  entered  at  the  General  iSere  are^n^Lanl 
Land  OfQce,  subject  to  the  provisions  of  law  touching  the  offices. 
entry  of  public  lands ;  and  the  necessary  proofs  and  affida- 
vits required  in  such  cases  may  be  made  before  some  officer 
competent  to  administer  oaths,  whose  official  character  shall 
be  duly  certified  by  the  clerk  of  a  court  of  record ;  and 
moneys  received  by  the  Commissioner  of  the  General  Land 
Office  for  lands  entered  by  cash  entry  shall  be  covered  into 
the  Treasury. 

19  Stat.  315 ;  20  id.  201. 

Sec.  38.  Upon  the  discontinuance  of  any  surveying  dis-    Commissioner 
trict  the  authority,  powers,  and  duties  in  relation  to  the  sur-  o?  ^s^'u^^or^gen* 
vey,  resurvey,  or  subdivision  of  lands  therein  and  all  mat-  erai,  &c. 
ters  and  things  connected  therewith,  as  previously  exercised 
by  the  surveyor-general,  shall  be  vested  in  and  devolved 
upon  the  Commissioner  of  the  General  Laud  Office ;  and 
deputy  surveyors  or  other  agents  under  his  direction  shall 
have  free  access  to  any  field-notes,  maps,  records,  and  other 
papers,  turned  over  to  the  authorities  of  any  State  pur- 
suant to  law,  for  the  purpose  of  making  copies  thereof,  with- 
out charge  of  any  kind, 

10  Stat.  152;  R.  S.  2219,  2220. 

Sec  39.  Appeals  from  the  decision  of  district  officers  in    Effect  of  com- 

cases  of  contest  for  the  right  of  pre-emption  shall  be  made  IJJ^^^^conusted 
to  the  Commissioner  of  the  General  Land  Office,  whose  de-pro-omption 
cision  shall  be  final,  unless  appeal  therefrom  be  taken  to  the  *'''^°*" 
Secretary  of  the  Interior. 

5  Stat.  456 ;  11  id.  326 ;  R.  S.  2273.  Baniard  v.  Ashley,  18  How.  43 ; 
Garland  v.  Wynn,  20  id.  6;  Lytic  v.  Arkansas,  22  id.  193 ;  llark- 
ness  etal.  v.  Underhill,  1  Black,  316;  Lindsey  v.  Hawse,  2  irf.  554; 
Minnesota  v.  Batchelder,  1  Wall.  109;  Litchfield  v.  Register  and 
Receiver,  9  id.  575  ;  Johnson  v.  Towsley,  13  id.  72  ;  WaiTcn  v.  Van 
Brunt.  19  id.  646 ;  Shepley  et  al.  v.  Cowan  etal.,  1  Otto,  330.  1  Op. 
Att.  Gen.  201.     Laughlin  v.  McGarvey,  50  Cal.  1()9. 

Sec  40.  AVherebona-fide  settlers,  under  the  homestead  or  Whero claimant 

1  1  1  iJii        li         /./>!•         ji-of  entry  booomes 

preemption  laws,  have,  subsequent  to  the  date  oi  filing  tlieir  ro^^istor  or   n*- 
api)lications  to  enter  not  exceeding  one  quarter-section  of*®'^®""- 


8  TIIK    UKNERAL    LAND    OFFICE. 

jniblic  laiuls,  boon  appoint^Ml  a  ropfister  or  receiver  of  the 
liuul  otVu'c  (tf  tlio  district  in  which  the  lands  arc  located, 
l)root'aiid  payment  must  be  made  to  the  satisfaction  of  tho 
Commissioner  of  the  Cieneral  Land  Oiliee. 

17  Stat.  10:  K.  S.  -ivW.      l  Op.  Att.  Gen.  -^2.^;  7  id.  (■)47. 

uL^^oJtsorJZ'.     ^^^"  ^^-  ^^*^  Commissioner  of  the  General  Laud  Office 
rev  and  pubiicii- shall  havc  jjowcr  to  establish  the  maximum  charges  for  sur- 
uun^in  miueno  yeys  aud  the  ])ublieation  of  notices  under  the  mineral  laws; 
and  in  case  of  excessive  charges  for  i^ublication  he  may  des- 
ignate any  newspaper  publislied  in  a  land  district  where 
mines  are  situated  for  the  publication  of  mining  notices  in 
such  district,  and  fix  the  rates  to  be  charged  by  such  paper. 
17  Stat.  95  ;  19  id.  52 ;  R.  S.  2334. 
^Commissioner     Sec.  42.  Whenever  any   reservation   of  public  lands  is 
pric/orre8erJ?w  brought  iuto  market,  the  Commissioner  of  the  General  Laud 
marker**"^"^  ^'^  Officc  shall  fix  a  miuimum  price,  not  less  than  one  dollar  and 
twenty-five  cents  per  acre,  below  which  such  lands  shall  not 
be  disposed  of. 

13  Stat.  374  ;  R.  S.  2:364. 

Correction  of  Sec.  43.  lu  casc  of  mistalces  iu  description,  the  Commis- 
ec'ription°'ia  e^-  sioucr  is  authorized,  upon  prescribed  proof,  to  correct  entries 
tries.  of  public  lands,  where  the  same  do  not  exceed  one  half-sec- 

tion, aud  where  the  certificate  has  not  been  assigned. 

4  Stat.  31;  R.  S.  2372.    Wilson  v.  Byus,  77  Ills.  76;  Corwan  i".  John- 
son, 29  Mo.  84;  State  r.  Commissioner,  17  Wis.  248. 

Hepniations  for  Sec.  44.  He  shall  prescribe  regulations  for  the  conduct  of 
«de  of  town  lota,  g^^j^g  ^^  ^^^^  j^^g  ^^  public  salc  and  by  private  entry. 

12  Stat.  754  ;  R.  S.  2381.     Leech  r.  Ranch,  3  Minn.  448. 

Approval  of  Sec.  45.  The  Commissioner  shall  approve  all  contracts  for 
Bmj^eying  con-^j^^  survey  of  the  public  lauds. 

12  Stat.  409 ;   R.  S.  2398.     Maguire  v.  Tyler,  1  Black,  201  ;  Parke 
V.  Ross,  11  How.  362;  McKee  v.  U.  S.,  1  N.  &  H.  336. 

Commissioner's  Sec.  46.  The  iustructions  issued  by  the  Commissioner  of 
deemJd'*part°oft^<^  Geueial  Laud  Officc  not  in  conflict  with  law  shall  be 
contract  tor  but-  dccmcd  part  of  cvcry  contract  for  surveying  the  x>ublic  lands. 
''*'^"'°'  12  Stat.  409  ;  R.  S.  2399. 

Price  of  sur-     Sec.  47.  Subject  to  the  statutory  maximum,  he  shall  fix 

^'^p^h'^'^fi/^ed.  tlie  price  per  mile  for  public  surveys,  and  he  shall  instruct 

costs  of  survey-  the  survcyor-geucral  as  to  the  mode  of  keeping  accounts 

Motivate  land  and  making  reports  of  the  cost  of  surveying  and  platting 

private  land  claims. 

12  Stat.  409 ;  18  id.  384 ;  R.  S.  2400. 

Instructions  for     Sec.  48.  He  shall  iustruct  the  surveyor- general  as  to  the 
surveys  upon  de-  survcy  of  any  towuships  upon  the  deposit  by  settlers  of  the 
cost  thereof. 

12  Stat.  410  ;  R.  S.  2401.    Cir.  G.  L.  0.,  March  5, 1880. 

Augmented  Sec.  49.  Thc  Commissioncr  of  the  General  Land  Oifice 
rates  for  surveys  may  authorizc,  in  his  discretion,  public  lands  in  Oregon, 

ot  izuiQB  covered         */  ?  7  ».  o       / 

withforeste.&c,  densel J"  covered  with  forests  or  thick  undergrowth,  to  be 
In  Oregon.         surveyed  at  augmented  rates,  not  exceeding  eighteen  dol- 
lars per  mile  for  standard  parallels,  fifteen  dollars  for  town- 
ships, and  twelve  dollars  for  section  lines. 

16  Stat.  304,  305 ;  R.  S.  2404.     Decision  Sec.  Int.,  Jnne  16,  1879. 


THE  GENERAL  LAND  OFFICE.  9 

Sec.  50.  Th3  Commissioner  of  the  General  Land  Office,  ibid,  /or  cau. 
in  his  discretion,  may  hereafter  authorize  public  lands  in  li^^on.*"^  ^^** 
California  and  in  Washington  Territory,  densely  covered 
with  forests  or  thick  undergrowth,  to  be  surveyed  at  aug- 
mented rates,  not  exceeding  eighteen  dollars  per  linear 
mile  for  standard  parallels,  sixteen  dollars  for  townships, 
and  fourteen  dollars  for  section  lines. 

17  Stat.  358;  E.  S.  2405.     Decision  Sec.  Int.,  June  16,  1879. 

Sec.  51.  When  geodetic  surveys  in  Oregon  and  Califor-    Kegniatiocsfor 
nia  are  authorized  by  the  Secretary  of  the  Interior,  the^®"'^^*'''^'"'''*'^* 
Commissioner  shall  prescribe  the  regulations  and  terms  for 
the  execution  thereof. 

9  Stat.  496 ;  10  id.  245 ;  R.  S.  2409. 

Sec.  52.  Under  the  direction  of  the  Secretary  of  the  In-  Compensation 
terior,  the  Commissioner  may  allow  compensation  by  the  day  surre^ymg  m  dri 
for  public  surveys  in  Oregon  and  California.  son  and  Caiifor- 

10  Stat.  247;  E.  S.  241L  ^^ 

Sec.  53.  The  Commissioner  shall  prescribe  regulations  Keguiationsfoi 
for  the  making  and  execution  of  assignments  of  military  fo^cation^of  fand 
bounty-land  warrants,  and  for  the  location  thereof.  warrants. 

10  Stat.  3 ;  11  id.  .309 ;  R.  S.  2414.  Bouldin  et  al.  v.  Massie's  Heirs, 
7  Wheat.  122.  Nichols  v.  Nichols,  3  Pinney  (Wis.)  174;  Price 
)'.  Johnston,  1  Ohio  St.  390 ;  Duke  v.  Thompson,  16  Ohio  34  ; 
Mock  r.  Brammer,  28  id.  508;  Dupre  v.  McCright,  6  La.  146; 
B.  &  M.  R.  R.  Co.  V.  Clingman,  23  Iowa,  306 ;  Waters  v.  Bush,  42 
id.  255;  Dyke  v.  McVey,  16  Ills.  41.  Decision  Sec.  Int.,  March 
1,  1876. 

Sec.  54.  Pursuant  to  regulations  to  be  prescribed  by  the    commissioner 
Secretary  of  the  Interior,  the  Commissioner  shall  cause  to  ^ail°a'^n/s!  ^^^^ 
be  located,  free  of  expense,  military  bounty-land  warrants 
transmitted  to  him  for  that  purpose  by  the  holders  thereof. 

9  Stat.  521;  R.  S.  2437.     Decision  Sec.  Int.,  March  1,  1876. 

Sec.  55.  The  Commissioner  shall  prescribe  regulations  Regniations  for 
for  the  relocation  of  military  bounty-land  warrants  errone-^a?rants!°^^''°^ 
ously  located  by  actual  settlers. 

10  Stat.  256 ;  R.  S.  2446. 

Sec.  5G.  Conjointly  with  the  Secretary  of  the  Interior    Equitable adja- 
and  the  Attorney-General,  he  shaU  prescribe  regulations  for  pen*|e^°  entnTg 
the  equitable  decision  of  suspended  entries  of  public  lands  i,n  ^  reports  to 
and  of  suspended  pre-emption  claims,  and  adjudicate  jn  ^''^"s^*^'*^- 
what  cases  patents  shall  issue  upon  the  same,  and  report 
such  adjudication  to  Congress. 

9  Stat.  51 ;  10  id.  258 ;  11  id.  22 ;  18  id.  50 ;  19  id.  244 ;  R.  S.  2450, 
2452. 

Sec.  57.  Upon  public  notice  of  at  least  thirty  days  by    Power  to  order 
the  proper  register  and  receiver,  the  Commissioner  may  rolJkcV""'itiima 
order  into  market,  without  Presidential  j)roclamation,  alli»"'^ian"i'i<'"- 
lands  embraced  in  claims  rejected  by  the  board  for  equita- 
ble adjudication,  and  isolated  or  discormected  x>arceLs  of 
unoflered  lands. 

9  Stat.  51 ;  R.  S.  2455. 

Sec.  58.  The  Commissioner  shall  issue  patents  upon  en-  Reissu.- ..i  pat 
tries  confirmed  by  the  board  for  equitable  adjudication, '*°'*" 


10  TllH    GENEllAL    LAND    OFFICE. 

wbcu  such  entries  bad  been  ])reviou8ly  patented  and  the 

patents  surrendered  for  caiu'ellation. 

10  Stat.  '-'.>-!;  K.  S.  V.>4,"i(i. 
Capita  of  nv-      Sec.  .■)!>.  The  Connnissioner  shall  cause  to  be  j)repared, 
^ruti*r'  ***  ^"'"^'l  ^"^'''^ll  c'ortily,  under  the  seal  of  the  ollice,  such  copies  of 
records,  books,  and  i)ai)ers  on  lile  in  liis  oflice  as  may  be 
applied  for  to  be  used  in  evidence  in  courts  of  justice. 

:>  Stat.  Ill ;  13  id.  375 ;  R.  S.  4G1, 891,  !24(;9,  2470.     Gait  v.  Galloway, 

4  I'ot.  331. 

in.iomnitv  for  Sec.  CO.  With  tho  approval  of  the  Secretary  of  the  In- 
•w»mp  lands.  tcrior,  the  Connnissioner  may,  u])on  satisfactory  proof,  al- 
low indeiiuiity  to  the  several  States  for  swam])  and  over- 
tlowed  lands  {^ranted  to  them  by  the  act  of  Sei)tember 
twenty-eij^hth,  eighteen  hundred  and  fifty,  and  sold  by  the 
United  States  prior  to  March  third,  eighteen  hundred  and 
fifty-seven. 

10  Stat.  C34,  G35;  11  id.  251;  R.  S.  2482.  11  Op.  Att.  Gen,  467; 
id.  Julv  25,  1877,  in  manuscript.  Decisions  Sec.  Int.,  March  31, 
1861 ;  May  8,  1861 ;  March  12,  1863 ;  Feb.  8,  1868 ;  Feb.  2, 1874. 
Decision  Com.  G.  L.  O.,  Feb.  17,  1879. 

Power  of  Cora.     Sec.  G1.  The  Commissiouer,  under  the  direction  of  the 
re'**ia°fo'iJa  °^'"  ^^^'^^^^^^  ®^  ^^®  Interior,  is  authorized  to  enforce  and  carry 
into  execution  every  part  of  the  ijublic  land  laws  not  other- 
wise specially  provided  for. 

R.  S.  2478.  Bell  r.  Ilearne  et  al,  19  How.  252 ;  Garland  r.  Wynn,  20 
id.  t).  3  Op.  Att.  Gen.  93,  104,  697  ;  10  id.  56.  Pope  v.  Atheam,  42 
Gal.  6U6;  McDowell  i'.  Morgan,  28  Ills.  528;  Foley  v,  Harrison, 

5  La.  Ann.  75. 

Commissioner  Sec.  G2.  The  Commissioner  shall  posscss  and  cxercisc  all 
ofre^^rdSofland  ^hc  powcrs  and  authority  and  perform  all  the  duties  here- 
utie«.  tofore  required  by  1  iw  to  be  iierformed  by  the  recorder  of 

land  titles  in  ]\Iisso  uri. 

18  Stat.  62.  Hale  v.  Gaines  et  al.,  22  How.  144 ;  Rector  et  al.  v.  U. 
S.,  2  Otto,  698 ;  ScuU.r.  U.  S.,  8  id.  410;  U.  S.  v.  Glamorgan,  S.  C., 
Oct.  T.,  1879,  in  manuscript.  1  Op.  Att.  Gen.  718.  Prim  v. 
Horen,  27  Mo.  205 ;  O'Flaherty  v.  Kellogg,  59  id.  485.  For  acts 
prescribing  duties  of  the  recorder  of  land  titles,  see  2  Stat.  326, 
353,  748,  812 ;  3  id.  8(i,  121,  329 ;  4  id.  52,  65,  566,  661 ;  19  id.  122. 

Commissioner     Sec.  G3.  It  shall  be  the  duty  of  the  Commissioner  to  issue 
to  iMue  patents,  patents  for  i)ublic  lands  and  private  land  claims  in  all  cases 
where  the  issue  thereof  is  authorized  by  law. 

2  Stat.  716 ;  5  id.  107 ;  R.  S.  453.  Bell  v.  Hearne,  19  How.  252 : 
Castro  V.  Hendricks,  23  id.  438 ;  Polk's  Lessee  v.  Wendal  et  al.,  9 
Cranch,  87  ;  Hcofnagle  v.  Anderson,  7  Wheat.  212 ;  Patterson 
V.  Winn,  11  id.  380  ;  Stringer  et  al.  v.  Young's  Lessee,  3  Pet.  320; 
U.  S.  V.  Arredondo,  6  id.  691 ;  Bagnell  v.  Broderick,  13  id.  436 ; 
Stoddard  i'.  Chambers,  2  How.  284  ;  Lander  v.  Brant,  10  id.  348; 
Minter  i'.  Crommelin,  18  id.  87;  Field  v.  Seabury,  19  id.  323; 
Garland  v.  Wvnn,  20  id.  6 ;  Hooper  v.  Scheimer,  23  id.  235 ;  Greer  v. 
Meze8,24  id.  268;  U.  S.  v.  Covilland,  1  Black,  339;  U.  S.  v.  Grimes, 
2  id.  610;  U.  S.  v.  Stone,  2  W^all.  .525;  Hogan  v.  Page,  2  id.  605; 
Beard  v.  Federy,  3  id.  478;  Hughes  r.  U.  S.,  4  id.  232;  U.  S.  v. 
Com.,  5  id.  563;  Richart  v.  Phelps,  6  id.  160;  Stark  v.  Starr,  6 
id.  402;  Silver  v.  Ladd,  7  id.  29;  Maguiro  v.  Tyler,  8  id.  650; 
Secretary  v.  McGarrahan,  9  id.  298  ;  Meador  v.  Norton,  11  id.  442; 
Johnson  v.  Towsley,  13  id.  72;  Gibson  v.  Chouteau,  13  id.  92; 
Railway  Co.  v.  Prescott,  16  id.  603 ;  Henshaw  v.  Bissell,  18  id. 
255;  Langdeau  v.  Haines,  21  id.  521  ;  Morton  v.  Nebraska,  21  id. 
C60 ;  Miller  v.  Dale,  2  Otto,  473 ,  Sherman  v.  Buick,  3  id.  209 ; 


THE  GENERAL  LAND  OFFICE.  11 

McGarrahan  v.  Mining  Co.,  6  id.  316 ;  Moore  v.  Robbins,  6  id. 
530;  Wirth  v.  Branson,  8  id.  118;  Snyder  r.  Sickles,  8  id.  203; 
Cowell  V.  Colo.  Springs  Co.,  10  id.  55 ;  Simmons  v.  Wagner,  S.  C, 
Oct.  T.,  1879,  in  manuscript.  Lewis  i'.  Baird,  3  McLean,  C.  C.  56 ; 
Nelson  v.  Moon,  3  id.  319 ;  Sliedds  v.  Sawyer,  4  id.  181 ;  Huide- 
koper  V.  Burrows,  1  Wasb.  C.  C.  109 ;  Mill  and  Mining  Co.  v. 
Dangbery,  1  Saw.  C.  C.  450 ;  Le  Roy  v.  Clayton,  2  id.  493;  Dodge 
V.  Perry,  2  id.  645 ;  Le  Roy  v.  Jamison,  3  id.  369 ;  Patterson  v. 
Tatum,  3  id.  164;  Wytb  v.  Haskell,  3  id.  574;  Hardy  v.  Harbin, 
4  id.  536;  Mackey  v.  Eaton,  2  Dillon,  C.  C.  41 ;  U.  S.  v.  Railway 
Co.,  Aid.  397;  Seabury  t'.  Field,  1  McAllister,  C.  C.  60;  Mezes  v. 
Goeler,  1  id.  401;  Chapman  r.  School  Dist.,  1  Deady,  C.  C.  108; 
Lamb  v.  Storr,  1  id.  447.  1  Op.  Att.  Gen.  44,  45,  159,  458, 
718 ;  2  id.  15,  41,  186,  501 ;  3  id.  93,  240,  351,  623,  653 ;  4  id. 
120,  149,  150,  319,  329;  5  id.  7,  628;  7  id.  491,  636,  681;  9 
id.  108;  12  id.  250;  13  id.  456;  14  id.  601,  624.  Stewart  v. 
Parish,  6  Ohio,  477;  Smith  v.  Stork,  7  id.  551;  Sulivant  v. 
Weaver,  10  id.  275;  Trimble  v.  Boothly,  14  id.  109;  MiUker  v. 
Starling,  16  {d.  61 ;  Jackson  v.  Williams,  18  id.  69 ;  Siibblefield 
V.  Boggs,  2  Ohio  St.  216;  Wood  v.  Ferguson,  7  id.  288;  Strong 
V.  Lehman,  10  id.  93;  Mathews  v.  Rector,  24  id.  439;  Buckner 
V.  Walcott,  1  Doug.  (Mich.)  19;  Stockton  v.  Williams,  1  id.  546; 
Clark  V.  Hall,  19  Mich.  356 ;  Johnson  v.  Ballou,  28  id.  379 ;  Sands 
V.  Davis,  40  id.  14;  Jackson  v.  Astor,  1  Pinney  (Wis.)  137;  Par- 
kerson  v.  Brocker,  1  id.  174;  Lamont  v.  Stimsou,  3  Wis.  45; 
Dillingham  v.  Fisher,  5  id.  475;  Schnee  v.  Schnee,  23  id.  377; 
Aumont  v.  Green  Bay  &  Miss.  Co.,  31  id.  317;  Easton  v.  Lyman, 
33  id,  34  ;  Arnold  v.  Grimes,  2  Green  (Iowa),  77 ;  Cavender  v. 
Smith,  3  id.  349 ;  Arnold  v.  Grimes,  2  Iowa,  13 ;  Cavender  v. 
Smith's  Heirs,  5  id.  157 ;  Fisher  v.  Warner,  34  id.  447 ;  Brison  v. 
Cur  J,  35  id.  72 ;  Waters  v.  Bush,  42  id.  255 ;  Rankin  v.  Miller, 
43  id.  11 ;  Steeple  v.  Downing,  60  Ind.  478 ;  Doe  v.  Hill,  Breese 
(Ills.)  236;  Moore  v.  Hunter,  6  Ills.  317;  Ballance  v.  McFarden, 
12  id.  317 ;  Gray  v.  McFadden,  12  id.  324 ;  Rankin  v.  Curtemus, 
12  id.  334  ;  Gratham  v.  Atkins,  63  id.  359 ;  Vansickle  v.  Haines, 
7  Nev.  249 ;  Smith  v.  Pipe,  3  Colo.  187 ;  Starr  v.  Stark.  2  Oreg. 
118;  White  v.  Allen,  3  id.  103;  Gold  Hill  Co.  v.  Ish,  5  id. 
104;  Moore  v.  Wilkinson,  13  Cal.  478;  Yount  v.  Howell,  14 
id.  465 ;  Mott  v.  Smith,  16  id.  534 ;  Galup  v.  Armstrong,  22  id, 
480;  KimbaU  v.  Semple,  26  id.  441;  Keeran  v.  Griffith,  34  id.  580; 
Durfee  v.  Plaisted,  38  id.  80 ;  Frisbee  v.  Morgues,  39  id.  451 ;  Col- 
lins V.  Bartlett,  44  id.  371 ;  Canfield  v.  Thompson,  49  id.  210 ; 
McGarrahan  v.  Mining  Co.,  49  id.  331;  Vance  v.  Kohlburg,  50  id. 
346 ;  Miller  v.  Elhs,  51  id.  73 ;  Houghton  v.  Hardeuburg,  53  id. 
181 ;  Cruz  v.  Martinez,  53  id.  239 ;  Sarpy  v.  Papin,  7  Mo. 
503 ;  Barry  v.  Gamble,  8  id.  88 ;  Allison  v.  Hunter,  9  id.  749 ; 
Cowman  v.  Johnson,  20  id.  108;  Thomas  v.  Wyatt,  31  id.  188; 
Hill  V.  Miller,  36  id.  182;  Gibson  v.  Chouteau,  39'id.  536;  Maguire 
V.  Tyler,  40  id.  406 ;  Calloway  v.  Trash,  50  id.  420 ;  Gaines  and 
Rector  v.  Hale,  26  Ark.  168;  Lott  v.  Prudhomme,  3  Rob.  (La.) 
293;  Jenkins  v.  Gibson,  3  La.  203;  McGill  v.  McGill,  4  id.  262; 
Foley  V.  Harrison,  5  id.  75;  Pepper  v.  Dunlap,  9  id.  137  ;  Bell  v. 
Heame,  10  id.  515 ;  Cage  v.  Danks,  13  id.  128 ;  Stemspring  v. 
Bennett,  16  id.  201;  Masters  v.  Eastis,  3  Pont.  (Ala.)  368;  Good- 
let  V.  Smithson,  5  id.  245 ;  Jones  v.  Inge,  5  id.  327 ;  Bullock  v. 
Wilson,  5  id.  338;  Inuerarity  v.  Minis,  1  Ala.  660;  Pollard  v. 
Files,  3  id.  47 ;  Hiues  v.  Greenlee,  3  id.  73 ;  Crommelin  v.  Minter, 
9  id.  594 ;  Etheridgo  v.  Doe,  18  id.  .565.  Decision  Sec.  Int.,  Sept. 
6,  1870.     Decision  Com.  G.  L.  O.,  March  21,  1879. 

Sec.  G4.  In  case  of  any  claim  to  land  in  any  State  or  Tcr- .  ^^t^^^^^ 
ritory  which  has  lieretofore  been  conlinned  by  law,  and  in  fore  conflnif^ 
which  no  provision  is  made  by  the  confirmatory  statute  for 
the  issue  of  a  patent,  it  may  be  lawful,  where  surveys  for 
the  land  have  been  or  may  hereafter  be  made,  to  issue 
patents  for  the  claims  so  confirmed,  u])on  the  presentation 
to  the  Commissioner  of  the  General  Land  Oflice  of  plats  of 
survey  thereof,  duly  approved  by  the  surveyor-general  of 


12  TU\:    (JKNKUAL    l.AND    OPKICE 

any  Statr  (tr  Tcriitorv,  if  the  same  bt^  fomid  correct  by 
tlio  ComiiiissioMor.  But  such  patents  shall  only  operate 
as  a  reliiKiuishnuMit  of  title  on  the  i)art  of  the  I'nited 
States,  and  shall  in  no  manner  interfere  with  any  valid  ad- 
verse ri^dd  to  the  sanu'  land,  nor  be  construed  to  i)recludo 
a  leiral  investij,'ation  and  decision  by  the  i)roper  judicial 
ti'ibuual  between  adverse  claimants  to  the  same  land. 

10  Stat.  r)99 ;  R.  S.  2447.  Board  v.  Feclerv,  3  Wall.  478 ;  Ma{,'uiro 
r.  Tyler,  8  id.  ($30;  Langdcau  r.  llanos, 21  id.  521 ;  Miller  i>.  Dale, 
2  Otto,  47:? ;  U.  8.  r.  Throckinortou,  8  id.  (51 ;  Suyder  v.  Sickles,  8 
id.  20;?.  14  Op.  Att.  Geu.  024.  Decisious  Sec.  Int.,  Feb.  21, 1872; 
Dec.  lt»,  1878;  May  17,  1879.  Decisions  Com.  G.  L.  O.,  Sept.  18, 
1874;  Sept.  19,  1870. 

Fee  simple  to  Sec.  65.  Where  lands  have  been  or  may  hereafter  be 
Jfu^'Stutc^fi'^'^"^^^^  by  any  law  of  Congress  to  any  one  of  the  several 
Md  Ten^wries.  States  aiul  Territories,  and  where  such  hiw  does  not  convey 
the  fee-simple  tit  le  of  the  lands,  or  require  patents  to  be  issued 
therefor,  the  lists  of  such  lands  which  have  been  or  may 
hereafter  be  certified  by  the  Commissioner  of  the  General 
Land  Office,  under  the  seal  of  his  office,  either  as  originals 
or  copies  of  the  originals  or  records,  shall  be  regarded  as 
conveying  the  fee-simple  of  all  the  lands  embraced  in  such 
hsts  that  are  of  the  character  contemplated  by  such  act  of 
Congress  and  intended  to  be  granted  thereby ;  but  where 
lauds  embraced  in  such  lists  are  not  of  the  character  em- 
braced h^  such  acts  of  Congress,  and  are  not  intended  to 
be  granted  thereby*,  the  lists,  so  far  as  these  lands  are  con- 
cerned, shall  be  perfectly  null  and  void,  and  no  right,  title, 
claim,  or  interest  shall  be  conveyed  thereby. 

10  Stat.  346;  18  id.  475;  K.  S.  2449.  Pope's  Lessee  v.  Wendal, 
9  CrancL,  87;  same  case,  5  Wheat.  293;  Patterson  v.  Winn,  11 
id.  380 ;  Greenlief  v.  Birth,  G  Pet.  302 ;  Lindsey  v.  Miller,  0  id. 
666;  Galloway  r.  Finley  et  al,  12  id.  264;  Stoddard  v.  Cham- 
bers, 2  How.  284  ;  Foxcraft  r.  Martel,  4  id.  353  ;  Minter  v.  Crom- 
melin,  18  id.  87;  Easton  v.  Salisbury,  21  id.  426;  U.  S.  v.  Stone, 
2  Wall.  525 ;  U.  S.  v.  Hughes,  4  id.  236  ;  Maguire  v.  Tyler,  8  id. 
653 ;  Best  v.  Polk,  18  id.  112 ;  Morton  v.  Nebraska  21  id.  660 ; 
Sherman  v.  Buick,  3  Otto,  209;  Moore  v.  Eobbins,  6  id.  533; 
Marquez  v.  Frisbie,  S.  C,  Oct.  T.,  1879,  in  manuscript.  Le 
Roy  V.  Clayton,  2  Saw.  C.  C.  493 ;  Patterson  v.  Tatum,  3  id.  164 ; 
U.  S.  V.  Railroad  Co..  4  Dillon,  C.  C.  397.  Hill  v.  Miller,  36  Mo. 
182;  Eaibroad  Co.  r.  Moon,  37  id.  338;  Same  v.  Snuth,  40  id.  310; 
Shepley  v.  Cowan,  52  id.  559 ;  Funkhouser  v-  Peck,  67  id.  20 ; 
McGill  V.  McGill,  4  La.  262 ;  Huff  r.  Doyle,  50  Cal.  21 ;  Mc- 
Laughlin V.  Perrill,  50  id.  65:  Sutton  v.  Fassett,  51  id.  13;  Rose- 
crans  v.  Doujjkiss,  52  id.  213.  Decisious  Sec.  Int.,  May  3,  .June  26, 
1879;  May  4rjuly  17,  21,28,  1880. 

Chi »r clerk.  Sec.  GG.  There  shall  be  in  the  General  Land  Office  an 

inferior  officer  appointed  by  the  Commissioner,  to  be  employed 
therein  as  he  shall  deem  proper,  to  be  called  the  chief  clerk. 
The  chief  clerk  shall  perform  the  duties  of  the  Commissioner 
of  the  General  Land  Office  in  case  of  a  vacancy  in  said 
office,  or  of  the  absence  or  sickness  of  the  Commissioner. 

2  Stat.  716 ;  11  id.  301 ;  R.  S.  448". 

G^e^  lild  ol     ^■^^'  ^^'  There  shall  be  in  the  General  Land  Office  an 

ftce.'  officer  called  the  Recorder  of  the  General  Land  Office,  who 

shall  be  appointed  by  the  President,  by  and  with  the  advice 


THE  GENERAL  LAND  OFFICE.  13 

and  conseut  of  the  Senate,  and  shall  be  entitled  to  a  salarj 
of  two  thousand  dollars  a  year. 
5  Stat.  Ill,  163, 164 ";  R.  S.  447. 

Sec.  C8.  It  shall  be  the  duty  of  the  Eecorder  of  the  Gen-  Datiea  of  r»- 
eral  Land  Office,  in  pursuance  of  instructions  from  the  Com-  '^°^^^^- 
missioner,  to  certify  and  affix  the  seal  of  the  office  to  all 
patents  for  public  lauds,  and  to  attend  to  the  correct  en- 
grossing, recording,  and  transmission  of  such  patents.  He 
shall  prepare  alphabetical  indexes  of  the  names  of  patentees 
and  of  persons  entitled  to  patents;  and  he  shall  prepare 
such  copies  and  exemplifications  of  matters  qji  file  or  recorded 
in  the  General  Land  Office  as  the  Commissioner  may  from 
time  to  time  direct.  Whenever  the  office  of  Eecorder  shall 
become  vacant,  or  in  case  of  his  sickness  or  absence,  the 
duties  of  his  office  shall  be  performed  ad  interim  by  the 
principal  clerk  on  i^iivate  land  claims. 

2  Stat.  717  ;  .^)  id.  Ill ;  R.  S.  459.  U.  S.  v.  Arredondo,  6  Pet.  G91 ;  Mc- 
Garrahan  ?'.  Miniug  Co.,  6  Otto,  316.  Le  Roy  v.  Jamison,  3  Saw.  C. 
C.  369.  3  Op.  Att.  Gen.  140,  168,  630.  Galup  v.  Armstrong,  22Cal. 
480 ;  Sands  v.  Davis,  40  Mich.  61. 

Sec.  69.  All  patents  issuing  from  the  General  Land  Office    issuing  of  p^t- 
shall  be  issued  in  the  name  of  the  United  States,  and  be'^"^^ 
signed  by  the  President  and  countersigned  by  the  Eecorder 
of  the  General  Land  Office ;  and  shall  be  recorded  in  the 
office  in  books  to  be  kept  for  the  purpose. 

2  Stat.  717;  5  id.  417;  R.  S.  458.  Steeple  v.  Downing,  60  Ind.  478; 
Boyce  v.  Stambaugh,  34  Mich.  348;  Lane  v.  Bommelmann,  17  Ills. 
95;  3  Op.  Att.  Gen.  623. 

Sec.  70.  There  shall  be  in  the  General  Land  Office  a  of'^'^^^go^'i^^^a 
principal  clerk  of  the  public  lands  and  a  principal  clerk  on  and^'on  %ii^te 
private  land  claims,  who  shall  be  appointed  by  the  President,  ^^^^  claims. 
by  and  with  the  advice  and  consent  of  the  Senate,  and  shall 
each  be  entitled  to  a  salary  of  one  thousand  eight  hundred 
dollars  a  year ;  and  they  shall  perform  such  duties  as  may 
be  assigned  to  them  by  the  Commissioner  of  the  General 
Land  Office. 

5  Stat.  109 ;  R.  S.  448. 
Sec.  71.  The  officers,  clerks,  and  employes  in  the  General    officers,  &c., 
Land  Office  are  prohibited  from  directly  or  indirectly  pur- c"h as o^puViio 
chasing  or  becoming  interested  in  the  purchase  of  any  of  ^^'I'^s- 
the  public  lands  ;  and  any  person  who  violates  this  section 
shall  forthwith  be  removed  from  his  office. 

2  Stat.  717;  5  id.  112;  R.  S.  452. 

Sec.  72.  The  President  is  authorized  to  appoint,  from  Secrotarytotho 
time  to  time,  by  and  with  the  advice  and  consent  of  theis^Xpatenta.^'^ 
Senate,  a  secretary,  at  a  salary  of  one  tliousand  five  hun- 
dred dollars  a  year,  wliose  duty  it  shall  be,  under  the  direc- 
tion of  the  President,  to  sign  in  his  name,  and  for  him,  all 
patents  for  land  sold  or  granted  under  the  authority  of  the 
United  States. 

5  Stat.  Ill ;  R.  S.  450.     Steeple  r.  Downing,  60  Ind.  478.     3  Oj).  Att. 
Gen.  62:3. 

Sec.  73.  If  at  any  time  the  number  of  patents  for  lands    ^"^'^^z'"''  ?^ 
sold  or  granted  under  the  authority  of  the  United  States  lan/patents'^" 


14  THK    C.r-NERAL    LAND    OKFICK. 

is  such  that  they  caiiiiot  be  sij^iu'il  within  a  reasonabU>  time 
by  tilt'  stH'it'tary  aitpoiiitcd  uinh'r  the  invcediufj^  Hoction,  the 
Prt'sidciit  may  appoint  an  assistant  secretary  to  sij^n  the 
same,  but  sueh  assistant  sliall  be  emjdoyed  by  the  exjin^ss 
direction  of  the  rivsith'nt,  and  only  Ibr  sueh  time  as  nuiy 
be  necessary  to  brinj;  up  tbe  arrears  of  i)atents  which  nuiy 
be  ready  i'ov  signature. 
9  Stat.  209;  K.  S.  ir.l. 
WttiT.int»  for  Sec.  74.  In  all  cases  in  which  hand  has  heretofore  or  shall 
^^niS'&c'*'  hereafter  be  j^iven  by  tlie  United  States  for  military  serv- 
ices, warrants  «j<hall  be  granted  to  the  parties  entitled  to 
such  land  by  the  Secretary  of  the  Interior;  and  such  war- 
rants shall  be  recorded  in  the  General  Land  Ollice,  in  books 
to  be  kept  for  the  purpose,  and  shall  be  located  as  is  or  may 
be  provided  by  law  ;  and  patents  shall  afterwards  be  issued 
acconlingly. 

2  Stat.  717 ;  K.  S.  457.  Taylor  et  aJ.  v.  Brown,  5  Craucb,  234. 
Laniviere  v.  Madagan,  1  Dillon,  C.  C.  455;  Rice  v.  Taylor,  2  id. 
23;  Lewis  v.  Baird,  3  McLean,  C.  C.  5G;  Price  v.  Johnston,  1 
Ohio  St.  390  ;  Wood  r.  Fergnson,  7  id.  2d8. 

Copie€  of  pa-  Sec.  75.  Whenever  any  person  claiming  to  be  interested 
SeMruoent"  ^^"^  ^'^  ^^  entitled  to  land  under  any  grant  or  patent  from  the 
United  States  applies  to  the  Department  of  the  Interior  for 
copies  of  papers  fded  and  remaining  therein,  in  anywise 
affecting  tlie  title  to  such  land,  it  shall  be  the  duty  of  the 
Secretary  of  tlie  Interior  to  cause  such  copies  to  be  made 
out  and  authenticated,  under  his  hand  and  the  seal  of  the 
General  Land  Office,  for  the  i)erson  so  applying. 

3  Stat.  721 ;  5  id.  Ill  ;  R.  S.  4G0. 

Principal  clerk  Sec.  7G.  There  shall  be  in  the  General  Land  Office  a 
'  ^  ®  •'^"''^ys.  ppimjipal  clerk  of  the  surveys,  who  shall  be  apjjointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  and  shall  be  entitled  to  a  salary  of  one  thousand 
eight  hundred  dollars  a  year.  He  shall  direct  and  sui)erin- 
tend  the  making  of  surveys,  the  returns  thereof,  and  all 
matters  relating  thereto,  which  are  done  through  the  officers 
of  the  surveyor-general,  and  i)erform  such  other  duties  as 
may  be  assigned  to  him  by  the  Commissioner  of  the  General 
Land  Office. 

5  Stat.  110;  R.  S.  449. 


CHAPTER   THREE. 


SURVEYS  AND  SURVEYORS. 


Beo. 

77.  Surveyors-general,  ho-w  and  where 

appointed. 

78.  Salary  of,  in  Louisiana,  Florida,  Min- 

nesota, Nebraska,  Iowa,  and  Da- 
kota. 

79.  Salary  of,  in  Oregon  and  Washing- 

ton Territory. 

80.  Salary  of,  in  Colorado,  New  Mexico, 

California,   Idaho,   Nevada,  Mon- 
tana, Utah,  Wyoming,  and  Arizona. 

81.  Salary  of,  in   Florida,  Oregon,   and 

California,  how  and  from  what  time 
payable. 

82.  Offices,  number  and  location  of. 

83.  Residence  of  surveyor-general. 

84.  Bond  of  surveyor-general. 

85.  Duration  of  office. 

86.  Continuance  of  duties  and  bond  after 

expiration  of  commission. 

87.  Transfer  of  papers  and   discontinu- 

ance of  office  in  case  of  completed 
surveys. 

88.  Devolution  of  powers  of  surveyors- 

general  upon  Commissioner  in  case 
of  discontinuance  of  office. 
69.  Free  access  to  public  records  deliv- 
ered to  States,  and  conditions  of 
such  delivery. 

90.  General  duties  of  surveyors-general. 

91.  Bond  of  deputy  surveyor. 

92.  Oath  of  deputy  surveyor. 

93.  Suit  on  bond  of  deputy  surveyor  a 

lien  on  his  property. 

94.  Penalty  for  default  of  deputy  sur- 

veyor. 

95.  Transcripts  from  records,'  and   seals 

of  surveyors-general  of  California, 
Oregon,  and  Louisiana. 

96.  Custody  of  official  papers,   &c.,   by 

surveyor-general  of  California. 

97.  Allowance  for  clerk  hire,  office  rent, 

&c.,  to  surveyor-general. 

98.  Duties  of  register  and  receiver  per- 

formed by  surveyor-general,  when. 

99.  Rules  of  survey. 

100.  Boundaries  and  contents  of  public 

lands,  how  ascertained. 

101.  Lines  of  division  of  half  quarter-sec- 

tions, how  run. 


Sec. 

102.  Variance  in  shape  of  sorveys  on  riv 

ers,  &c. 

103.  Variance  from  rectangular  subdivis 

ions  in  Nevada. 

104.  Geodetic   method  of  survey  in  Ore- 

gon and  California. 

105.  Departure  from  rectangular  surveys 

in  California. 

106.  Extension  of  public  surveys  over  min- 

eral lands. 

107.  What  instructions  to  be  de«med  part 

of  contract. 

108.  Subdivision  of  placer  claims. 

109.  Deputies  to  survey  mining  claims,  and 

powerof  Commissioner  to  fix  prices. 

110.  Surveyor-general  to  make   plat  and 

field-notes  of  mining  surveys,  and 
to  give  certificate  of  improvements, 
&c. 

111.  Contracts  for  surveys  of  public  land, 

when  binding. 

112.  Costs    of    surveying    private    land 

claims  and  railroad  grants  to  be 
refunded. 

113.  Augmented  rates  for  surveys  in  Ore- 

gon, California,  and  Washington 
Territory. 

114.  Pay  by  the  day  for  surveys  in  Oregon 

and  California. 

115.  When  survey  may  be  had  by  settlers 

in  townships. 

116.  Deposit  for  expenses  of  surveys  deem- 

ed an  appropriation,  «fec. 

117.  Settlers'  deposits  for  surveys  to  go  in 

part  payment  for  lands,  and  are 
assignable. 

118.  Surveyor-general  to  survey  private 

land  claims  when  confirmed,  &g. 

119.  Surveyors-general    in  New  Mexico, 

&c.,  to  report  to  Congress  on  pri- 
vate land  claims. 

120.  Penalty  for  interrupting  surveys. 

121.  Protection  of  surveyor  by  marshal  of 

district. 

122.  Surveyors  to  explore  and  select  tim- 

ber lands  to  reserve  for  use  of  the 
Navy. 

123.  Director  of  geological  surveys,  duties 

of,  «fec. 


Sec.  77.  There  shall  be  appointed  by  the  President,  by  and  Survoyoragen- 
with  the  advice  and  consent  of  the  Senate,  a  surveyor-gen-  whlVoap^iu'ted! 
eral  for  the  States  and  Territories  herein  named,  embracing, 
resi)ectively,  one  surveying  district,  namely:  Louisiana, 
Florida,  Minnesota,  Kansas,  California,  Nevada,  Oregon, 
Nebraska  and  Iowa,  Dakota,  Colorado,  New  Mexico,  Idaho, 
Washington,  Montana,  Utah,  Wvoming,  Arizona. 

15 


16  SURVEYS   AND    SURVEYORS. 

3  Stat.  7;V) ;  4  i</.  IM ;  9  id.  .JOt) ;  10  id.  244,  300,  150!^,  300,  Oil ;  11  id. 
'Jl'J ;  1-2  id.  17(5,  '214,  '244  ;  14  id.  77,  8,%  ;544,  r>4'2  ;  If)  id.  Dl ;  IG  id.  G.'i, 
*230;  17  «<f.  7() ;  18  irf.  18,  :14,  1'21, 1'i'i,  r2-3,  '201,  303;  1'.)  id.  1'20,'207; 
R.  S.  •2'207. 

iJiiUianiv  "Ao"  ^^''^^"-  '*^-  "^^'^^  smvoyors-'^om'ral  of  Louisiana,  Florida,  Min- 
id«.  MiiinrsofiL  nesota,  Kansas,  Is'ebiaska  and  Iowa,  and  of  Dakota  Terri- 
u.^TiD'^Va  "iVa  tory,  shall  each  receive  a  salary  at  the  rate  of  two  thousand 
i"''-'  dollars  a  year. 

3  Stat.  755;  4  id.  493 ;  12  id.  244  ;  17  id.  70  ;  R,  S.  2208. 

ofe^^o'k^  "aVd     ^^^*  ^^*  "^^^^  surveyors-general  of  Oregon  and  of  Wash- 
wiwiTuiKton.       iugton  shall  each  receive  a  salary  at  the  rate  of  two  thou- 
sand five  hundred  dollars  a  year. 

9  Stat.  400 ;  10  id.  158,  '248,  306,  074  ;  12  id.  410 ;  17  id.  70  ;  M.  S.  2200. 

Salary  of,  in  Sec.  80.  The  suFveyors-general  of  Colorado,  J^ew  Mexico, 
M'eii?o°'cidifo7.  California,  Idaho,  Nevada,  Montana,  Utah,  Wyoming,  and 
nia,  Idaho   >>-  Arizoua  sluiU  cacli  receive  a  salarv  at  the  rate  of  three  thou- 

vadi\,     Montana,  -i    t    ,i 

Utah,  wyomins,  Sand  dolhirs  a  year. 

and  Arizona.       ^^  ^^^^  .^^^^  .^^^^  ^.^^  .  ^.^  .^  ^^^^  ^14^  4IO  ;  14  id.  77,  85,  542 ;  15  id. 
01 ;  16  id.  65,  '230;  17  id.  76;  R.  S.  2210. 

saianes  oc  in  Sec.  81.  The  Salary  of  each  surveyor-general  of  Florida, 
an°d  "caiiioniia;  Orcgon,  aud  California  Shall  be  paid  quarter-yearl}",  and  shall 
how  and  from  commence  from  the  time  he  enters  into  bond,  as  provided  by 

what    timo    pay-  ,  j  1  »' 

able.  law. 

3  Stat.  756;  0  id.  406;  10  tU244;  R.  S.  2211. 

Offices,  number  Sec.  82.  The  surve^^or-geiieral's  office  for  Minnesota  dis- 
and  location.  ^^.j^^  ^^^^^  ^^  locatcd  at  the  city  of  Saint  Paul ;  that  for 
Idaho  Territory  at  Boise  City ;  that  for  the  district  of  Ne- 
braska and  Iowa  at  Plattsraouth,  in  Nebraska ;  that  for  each 
other  surveying  district  at  such  place  as  the  President,  in 
view  of  the  public  convenience,  may  from  time  to  time  di- 
rect ;  and  there  shall  be  but  one  office  of  surveyor-general 
in  each  district. 

11  Stat.  212  ;  13  id.  352 ;  14  id.  77,  344  ;  R.  S.  S«12,  2213. 
Kesidence  of     Sec.  83.  EvciT  survejor-geucral,  while  in  the  discharge 

.urveyor.geoeral.  ^^  ^j^^  ^^^^-gg    ^^f  j^-^    ^gj^^^  ^j^^jj    j^^g-^^    ^^    ^^^    district   fOF 

which  he  is  appointed. 
5  Stat.  637  ;  R.  S.  2414. 

Bond  of  snr-  Sec.  84,  Evcfy  surv^eyor-geueial  shall,  before  entering  on 
Teyor-generaL  ^^^  dutics  of  his  officc,  cxccutc  and  deli^■er  to  the  Secretary 
of  the  Interior  a  bond,  with  good  and  sufficient  security,  for 
the  penal  sum  of  thirty  thousand  dollars,  conditioned  for 
the  faithful  disbursement,  according  to  law,  of  all  public 
money  placed  in  his  hands,  and  for  the  faithful  i)erformance 
of  the  duties  of  his  office ;  and  the  President  has  discretion- 
ary authority  to  require  a  new  bond  and  additional  security, 
under  the  direction  of  the  Secretary  of  the  Interior,  for  the 
lawful  disbursement  of  public  moneys. 

3  Stat.  697;  R.  S.  2215,  2216  U.  S.  r.  Vanzandt,  11  Wheat.  184;  U. 
S.  V.  Tinge V,  5  Pet.  115  ;  Farrar  and  Brown  v.  U.  S.,  5  id.  373 ;  U. 
S.  V.  Bradley,  10  id.  343 ;  U.  S.  v.  Linn,  15  id.  20U ;  U.  S.  v.  Pre3- 
cott,  3  How.  578;  U.  S.  v.  Boyd,  5  id.  29;  Bryan  v.  U.  S.,  1  Black, 
140;  Boyden  v.  United  States,  13  Wall.  17 ;  lievans  v.  U.  S.,  13  id. 
56 ;  U.  S.  V.  Thomas,  15  id.  337 ;  U.  S.  v.  Stephenson,  1  McLean, 
C.  C.  462 ;  U.  S.  v.  Linn,  2  id.  .501 ;  U.  S.  v.  Ward,  3  id.  179.     8  Op. 


SURVEYS    AND    SURVEYORS.  17 

Att.  Gen.  7.     Cir.  G.  L.  O.,  July  1,  1871 ;  id.  May  14,  1879.    Treas- 
ury Cir.,  July  13,  18/1  (Copp's  L.  L.  783 ;  1  Lester's  L.  L.  312,  314). 

Sec.  85.  The  commission  of  each  surveyor-general  shall    DaraUon  of  oc- 
cease  and  expire  in  foiu"  years  from  the  date  thereof,  unless  ^^^ 
sooner  vacated  by  death,  resignation,  or  removal  from  office. 

3  Stat.  697  ;  R.  S.  2217.     Best  v.  Polk,  18  Wall.  112.    Decision  Com, 
G.  L.  O.,  Feb.  20,  1858  (1  Lester's  L.  L.  340). 

Sec.  86.  Every  surveyor-general,  except  where  the  Presi-    Continuance  of 
dent  sees  cause  otherwise  to  determine,  is  authorized  to  con-  alter*  expiration 
tinue  in  the  uninterrupted  discharge  of  his  regular  official "' •^"°»™''*«i"'^ 
duties  after  the  day  of  expiration  of  his  commission  and 
until  a  new  commission  is  issued  to  him  for  the  same  office, 
or  until  the  day  when  a  successor  enters  upon  the  duties  of 
such  office ;  and  the  existing  official  bond  of  any  officer  so 
acting  shall  be  deemed  good  and  sufficient  and  in  force  until 
the  date  of  the  approval  of  a  new  bond  to  be  given  by  him, 
if  recommissioned,  or  otherwise,  for  the  additional  time  he 
may  so  continue  officially  to  act,  pursuant  to  the  authority 
of  this  section. 

10  Stat.  247  ;  18  id.  62  ;  R.  S.  2222. 

Sec.  87.  Whenever  the  surveys  and  records  of  any  sur-    Transfer  of  pa- 
veying  district  are  completed  the  surveyor- general  thereof  Pj^'j^^^^'^^^^^^^ 
shall  be  required  to  deliver  over  to  the  secretary  of  state  of  in  case  of  com- 
the  respective  States,  including  such  surveys,  or  to  such  p^*"*®*^  ^"''''"'y^- 
other  officer  as  may  be  authorized  to  receive  them,  all  the 
field-notes,  maps,  records,  and  other  papers  appertaining  to 
land  titles  within  the  same ;  and  the  office  of  surveyor-gen- 
eral in  every  such  district  shall  thereafter  cease  and  be  dis- 
continued. 

5  Stat.  384 ;  19  id.  121 ;  R.  S.  2218, 

Sec,  88.  In  all  cases  of  discontinuance,  as  provided  in  the    Devolution  or 
preceding  section,  the  authority,  powers,  and  duties  of  theg^^^ig^io"Jr°in 
surveyor-general  in  relation  to  the  survey,  resurvey,  or  sub-  case  of  liiscontin- 
division  of  the  lands  therein,  and  all  matters  and  things  con-  ^'^'^• 
nected  therewith,  shall  be  vested  in  and  devolved  upon  the 
Commissioner  of  the  General  Land  Office. 
10  Stat.  152  ;  R.  S.  2219. 

Sec.  89.  Under  the  authority  and  direction  of  the  Commis-    Free  access  to 
sioner  of  the  General  Land  Office,  any  deputy  surveyor  or  {Iv^ea  "to" stated 
other  agent  of  the  United  States  shall  have  free  access  to  "„^,,'',""[|',!^^"°^ "' 
any  such  field-notes,  maps,  records,  and  other  i)aper8  for  the  ^"'' '  "^  "''^^' 
puriJose  of  taking  extracts   therefrom    or  making  copies 
thereof  without  charge  of  any  kind  ;  but  no  transfer  of  such 
public  records  shall  be  made  to  the  authorities  of  any  State 
until  such  State  has  provided  by  law  for  the  reception  and 
safekeeping  of  such  public  records  and  for  the  allowance  of 
free  access  thereto  by  the  authorities  of  the  United  States. 

10  Stat.  152;  18  id.  ()2;  R.  S.  2220,  2221. 

Sec.  90,  Every  surveyor-general  shall  engage  a  sufficient    (ionerai  dutiea 
number  of  skillful  surveyors  as  his  deputies,  to  whom  he  is  <;|;«'»i"V"yor8-gon- 
authorized  to  administer  the  necessary  oaths  upon  their  ap- 
pointments.    He  shall  have  authority  to  frame  regulations 
for  their  direction,  not  inconsistent  with  law  or  the  instruc- 
2  L  o 


18  SURVEYS    AND    SURVEYORS. 

tions  of  tho  (loneral  Land  Ollice,  and  to  remove  tlioni  for 
neglijrence  or  niiseondnct  in  olliee. 

Taylor  autl  Qiiarlls  r.  Brown,  r)Cr!iiu'li,  2'.iA  ;  Craigc/  al.  v.  Braxford, 
:i  Wlu-at.  r>il4 ;  r.llifolt  (•/  ([/.  r.  IVarl,  10  Prt.  412;  Hrown's  Loss(>o«. 
CMt'iiu'iits,  ;>  llow.  (),')0.  Kttd  r.  ("onwav  20  Mo.  -22;  .same  caHC, '26 
id.  V.\\  Hamil  v.  Carr,  >'l  Oliio  St.  'J.'.M;  Doe  r.  lUMrcMi,  '2  Intl. '274; 
McClintock  r.  Rodgera,  11  Ills.  279.     Cir.  G.  L.  O.,  Juue  26,  1880. 

Second.  He  shall  canse  to  be  snrveyed,  measnred,  and 
marked,  without  (U'hiy,  all  base  and  meridian  lines  thronjj;h 
such  points  and  perjietnated  by  sueh  monuments,  and  such 
other  correction  parallels  ami  mei'idians  as  may  be  pre- 
scribed by  law  or  by  instructions  from  the  General  Land 
Otlice  in  res])ect  to  the  ])ublic  lands  within  his  surveying 
district,  to  which  the  Indian  title  has  been  or  may  be  here- 
attA.r  extiny,uished. 

Gazzaiu  r.  Phillips'  Lessee,  20  How.  :372.  3  Op.  Att.  Gen.,  281,  284. 
Atsliire  r.  Hulse,  1  Ohio,  170;  Hastings  ?•.  Steven.son,  2  d.  1);  Mc- 
Kiiinev  r.  McKinnev,  8  id.  42:5;  Hamil  r.  Carr,  21  Ohio  St.  258; 
Hendriek  v.  Eno,  42  Iowa,  411 ;  Saint  Louis  r.  Walker,  40  Mo.  38.3  ; 
Jordan  r.  Barrett,  13  La.  24  ;  Fowler  r.  Dnval,  11  id.  561 ;  Cox  v. 
Jones,  47  Cal.  412.     Cir.  G.  L.  O.,  June  26,  1880. 

Third.  He  shall  cause  to  be  surveyed  all  private  land 
claims  within  his  district  after  they  have  been  confirmed  by 
authority  of  Congress,  so  far  as  may  be  necessary  to  com- 
plete the  survey  of  the  public  lands. 

•  Menard's  Heirs  r.  Massey,  8  How.  293;  Kissell  ?•.  St.  Louis  Puhlio 
Schools,  18  id.  19 ;  Stanford  v.  Taylor,  18  id.  409 ;  Ballanee  v.  For- 
svth,  24  id.  183  :  U.  S.  v.  Fossat,  2.5  id.  445 ;  Carondelet  v.  St.  Louis, 
i  Black,  179;  U.  S.  v.  Sepulveda.  1  Wall.  104;  U.  S.  v.  Halleck, 
1  id.  439  ;  U.  S.  r.  Billings,  2  id.  444  ;  Sutter's  case,  2  id.  562  ;  U.  S. 
V.  Pacheco,  2  id.  587  ;  Fossat  case,  2  id.  649  ;  Delion  i'.  Bernal,  2  id. 
774  ;  U.  S.  1-.  Arinijo,  5  id.  444;  Higueras  v.  U.  S.,  5  id.  827;  Ma- 
guire  V.  Tyler,  8  id.  650 ;  Lynch  r.  Bernal,  9  id.  315 ;  Henshaw  v. 
Bissell,  is'id.  255;  Shepley  <<  al.  v.  Cowan  et  al,  1  Otto,  .330;  Mil- 
ler et  al.  r.  Dale  et  ah,  2  id.  473  ;  Van  Reyiiegau  v.  Bolton,  5  id.  33; 
U.  S.  r.  Throckmorton,  8  id.  61  ;  Suvder  v.  Sickles,  8  id.  203  ;  Scull 
V.  U.  S.,  8  id.  410.  Bissell  v.  Hcns'kaw,  1  Saw.  C.  C.  553;  Leroy 
V.  Jamison,  3  id.  369.  Gibson  r.  Chouteau,  39  Mo.  536 ;  Milburn  v. 
Hardy,  28  id.  514  ;  Funkhouser  v.  Hantz,  29  id.  540 ;  Dent  v.  Leg- 
essonj  29  id.  489 ;  Carondelet  v.  St.  Louis,  29  id.  527 ;  McGuire  v. 
Tyler,  30  id.  202 ;  Robins  v.  Eckler,  36  id.  494 ;  Clark  i'.  Heam- 
merle,  36  id.  620;  Gibson  v.  Chouteau,  39  id.  536;  Vasquez  v.  Ew- 
ing,  42  id.  247  ;  Glasgow  r.  Liudell,  50  id.  60;  Rector  r.  Gaines,  19 
Ark.  70 ;  Ashley  v.  Rector,  20  id.  359 ;  Meaux  v.  Breaux,  10  Mar- 
tin (La.)  364;  Moon  v.  Wilkinwm,  13  Cal.  478;  Boggs  v.  Mining 
Co.,  14  id.  279;  Mott  r.  Smith,  16  id.  534  ;  Jobnsou  v.  Van  Dyke, 
20  id.  225 ;  McGarrahan  v.  Maxwell,  27  id.  75  ;  Treadway  v.  Sem- 
ple,  28  id.  652;  Searle  r.  Fonl,  29  id.  104 ;  Mahoney  v.  Van  Win- 
kle, 33  id.  448;  Morrill  v.  Chapman,  35  id.  85  ;  Yates  v.  Smith  38 
id.  60;  San  Diego  v.  Allison,  46  id.  163.  Decisions  Sec.  Int.,  July 
16,  1872;  Autr.  8,  1876;  Aug.  17, 1876;  March  16,  1877.  Decisions 
Com.  G.  L.  O.,  Aug.  18,  1860;  Sept.  18,  1874;  Nov.  3,  1874;  Sept. 
18,  1875 ;  Oct.  28,  1875 ;  June  26,  1879.    Cir.  G.  L.  O.,  June  26,  1880. 

Fourth.  He  shall  transmit  to  the  register  of  the  respective 
land  ofiices  within  his  district  general  and  particular  plats 
of  all  lands  surveyed  by  him  for  each  land  district;  and  he 
shall  forward  coi)ies  of  such  i)lats  to  the  Commissioner  of 
the  General  Land  OfiBce. 

Barnard  v.  Ashlev,  18  How.  43;  Water  and  Mining  Co.  v.  Bugbee, 
6  Otto,  165.  Hamil  r.  Carr,  21  Ohio  St.  258;  Doe  v.  Hildretb,  2 
Ind.  274 ;  Pope  r.  Athearn,  42  Cal.  606.  Com.  G.  L.  O.  Instruc- 
tions to  Surveyors-General,  April  17,  1879. 


SURVEYS    AND    SURVEYORS.  19 

Fifth.  He  shall,  so  far  as  is  compatible  with  the  desk  du- 
Kies  of  bis  office,  occasionally  inspect  the  surveying  opera- 
tions while  in  progress  in  the  held,  sufficiently  to  satisfy 
himself  of  the  fidelity  of  the  execution  of  the  work  accord- 
ing to  contract,  and  the  actual  and  necessary  expenses  in- 
curred by  him  while  so  engaged  shall  be  allowed ;  and  where 
it  is  incompatible  with  his  other  duties  for  a  surveyor-gen- 
eral to  devote  the  time  necessary  to  make  a  i»ersonal  inspec- 
tion of  the  work  in  progress,  then  he  is  authorized  to  depute 
a  confidential  agent  to  make  such  examination,  and  the  act- 
ual and  necessary  expenses  of  such  person  shall  be  allowed 
and  paid  for  that  service,  and  five  dollars  a  day  during  the 
examination  in  the  field  ;  but  such  examination  shall  not  be 
protracted  beyond  thirty  days,  and  in  no  case  longer  than 
is  actually  necessary ;  and  when  a  survey  or- general,  or  any 
person  employed  in  his  office  at  a  regular  salary,  is  engaged 
in  such  special  service  he  shall  receive  only  his  necessary 
expenses  in  addition  to  his  regular  salary. 

1  Stat.  464;  13  id.  325;  4  id.  492;  10  id.  245,  247;  18  id.  34;  19  i^. 
126;  R.  S.  2223.  Sec.  Int.  Instructions,  July  1,  1874;  Sept,  21, 
1874.     Cir.  G.  L.  O.,  June  26,  1880. 

Sec.  91.  Every  deputy  surveyor  shall  enter  into  bond,  Bondofdepaty 
with  sufficient  security,  for  the  faithful  performance  of  ^ip'^^^"''* 
surveying  contracts  confided  to  him;  and  the  penalty  of 
the  bond,  in  each  case,  shall  be  double  the  estimated  amount 
of  money  accruing  under  such  contracts,  at  the  rate  per 
mile  stipulated  to  be  paid  therein.  The  sufficiency  of  the 
sureties  to  all  such  bonds  shall  be  approved  and  certified  by 
the  proper  surveyor-general. 

4  Stat.  493;  10  id.  247;  R.  S.  2230.  U.  S.  v.  Vanzandt,  11  Wheat. 
184  ;  U.  S.  V.  Tingev,  5  Pet.  115  ;  Farrar  et  al.  v.  U.  S. ,  5  id.  373  ;  U. 
S.  V.  Bradley,  10  id.  343;  U.  S.  v.  Linn,  15  id.  290.  U.  S.  v. 
Stephenson,  1  McLean,  C.  C.  462. 

Sec.  92.  The  surveyor-generals,  in  addition  to  the  oath  oatiiofdepntiy 
now  authorized  by  law  to  be  administered  to  deputies  gn^'^^^^"'^' 
their  api)ointment  to  office,  shall  recpiire  each  of  their  depu- 
ties, on  the  return  of  his  surveys,  to  take  and  subscribe  an 
oath  that  those  surveys  have  been  faithfully  and  correctly 
executed  according  to  law  and  the  instructions  of  the  sur- 
veyor-general. 

9  Stat.  79  ;  R.  S.  2231.  Ellicott  and  Meredith  v.  Pearl,  10  Pet.  412; 
U.  S.  V.  Hanson,  16  id.  196 ;  Bollard  et  al.  v.  D wight  et  al.,A  Cranch, 
421 ;  Taylor  et  al.  v.  Brown,  5  id.  234.    Cir,  G.  L.  O.,  June  26, 1880, 

Sec.  93.  The  district  attorney  of  the  United  States,  in    Suit  on  bond  of 
whose  district  any  false,  erroneous,  or  fraudulent  survey s  lle^'o^ ®'''''"^^'*"' 
have  been  executed,  shall,  ui)on  the  application  of  the  pi-oper 
surveyor-general,  immediately  institute  suit  upon  the  bond 
of  such  deputy,  and  the  institution  of  such  suit  shall  act  as 
a  lien  upon  any  property  owned  or  held  by  such  deputy  or 
his  sureties  at  the  time  such  suit  was  instituted. 
9  Stat.  79  ;  R.  S.  2232. 

Sec.  94.  In  the  event  of  the  failure  of  a  deputy  in  Loui-    Pcuaitv  ford©- 
siana  to  comply  with  the  terms  of  his  contract,  unless  yuch*^^"^'^*^'^'^^"*^- 
failure  be  satisfactorily  shown  by  hiui  to  have  arisen  from 
causes  beyond  his  control,  he  shall  forfeit  the  penalty  of  his 


20  SURVEYS    AND    SURVEYORS, 

bond  on  tUio  i)ro('Oss  of  law,  and  over  afterward  be  debarred 
from  reeeiviujj:  a  contract  for  survcyinj;  ])nblic  lands. 
4  Stat.  49:1 ;  18  id.  19,  G-2 ;  19  id.  'i07,  '-'"Jl ;  R.  S.  '22X\. 
Stvaitofeurvov-      Sec.  D").  Tlio  olliciul  souls  lu'rctoforc  authorized  ti)  be  pro- 
c!iiifom°r''').v^'i^l^'^!  1'01'tlie  oWuys  of  the  surveyors-neneral  of  Ore{-on,  Cal- 
pjo.  anil  ix)iii8iifornia,  and  Louisiana  shall  continue  to  be  used;  and  any 
S^m n^rd7or "* t-'t>py  of  ()r  extrai't  from    the  i)lats,  field-notes,  records,  or 
other  papers  on  tile  in   those  ollices  resi>ectively,  when  au- 
thenticated by  the  seal  and  siy:nature  of  the  proper  surveyor- 
general,  shall  be  evidence  in  all  cases  in  which  the  original 
would  be  evidence. 

10  Stat.  245,  248;  R.  S.  2224,2225.  U.  S.  r.  Delespiao's Heirs  et  al., 
12  IVt.  654;  U.  S.  v.  Wignrms^  u  id,  3:?4;  Hedrick  v.  Hughes,  15 
Wall.  12:?.  Hi-nsley  r.  Tarpey,  7  Cal.  288  ;  La\vrence  v.  Grout,  12 
La.  Anu.  835. 

Custody  of  offi  Sec.  96.  All  official  books,  papers,  instruments  of  writing, 
bv  ^s'urvey^'i--^^^"^^^^^'^'  iirchivcs,  official  seals,  stamps,  or  dies  which 
cenerai  of  c.iii-  havc  bccu  heretofore  authorized  by  law  to  be  collected  and 
fonux  deposited  in  the  office  of  the  surveyor-general  of  California 

shall  be  safely  and  securely  kept  by  such  surveyor-general 

in  the  archives  of  his  office. 

11  Stat.  289;  R.  S.  2229. 

Clerk  hire,  office  Sec.  97.  There  shall  be  allowed  for  clerk  hire,  office  rent, 
rent,  ice,  to  sur-  f^gl  books,  stationery,  and  other  incidental  expenses  of  the 

veyoregeneraL  i      a«  ^  i  i  i 

several  offices  of  surveyors-general  such  sums  as  may  be  ap- 
propriated for  such  purposes  by  Congress  from  year  to  year. 

R.  S.  2226,  2227. 

Duties  of  regis-     Sec.  98.  The  President  is  authorized,  in  any  case  where 
*^rfomed*bv8u"  ^®  tliinks  the  public  interest  may  require  it,  to  transfer  the 
veyor-generai.     dutics  of  register  and  receiver  in  any  district  to  the  sur- 
veyor-general of  the  surveying  district  in  which  such  land 
district  is  located. 

12  Stat.  410 ;  R.  S.  2223. 

Ecies  of  sur-  Sec.  99.  The  public  lands  shall  be  divided  by  north  and 
^®^"  south  lines  run  according  to  the  true  meridian,  and  by  others 

crossing  them  at  right  angles,  so  as  to  form  townships  of 
six  miles  square,  unless  where  the  line  of  an  Indian  reser- 
vation, or  of  tracts  of  land  heretofore  surveyed  or  patented, 
or  the  course  of  navigable  rivers,  may  render  this  im- 
practicable; and  in  that  case  this  rule  must  be  departed 
from  no  further  than  such  particular  circumstances  require. 

McKiunev  r.  McKiunev,  8  Ohio,  423 ;  Hamilr.  Carr,  21  Ohio  St.  258. 
Decision  Sec.  Int.,  Jan,  28,  1880.   Cir.  G.  L.  O.,  Juno  26,  1880. 

Second.  The  corners  of  the  townships  must  be  marked 
with  progi'essive  numbers  from  the  beginning,  each  distance 
of  a  mile  between  such  corners  must  be  also  distinctly 
marked  with  marks  different  from  those  of  the  corners. 

Third.  The  township  shall  be  subdivided  into  sections, 
containing,  as  nearly  as  may  be,  six  hundred  and  forty 
acres  each,  by  running  through  the  same,  each  way,  par- 
allel lines  at  the  end  of  every  two  miles  ;  and  by  making  a 
corner  on  each  of  such  lines,  at  the  end  of  every  mile. 
The  sections  shall  be  numbered,  respectively,  beginning  with 
the  number  one  in  the  northeast  section  and  proceeding 


SURVEYS    AND    SURVEYORS.  21 

west  aud  east  alternately  through  the  township  with  pro- 
gressive numbers  till  the  thirty-six  be  completed. 

GrogaiiD.  Knight,  27.  Cal.  516.  Decision  Sec.  Int.,  April  14,  1879. 
Cir.  G.  L.  O.,  June  21),  1880. 

Fourth.  The  deputy  surveyors,  respectively,  shall  cause 
to  be  marked  on  a  tree  near  each  corner  established  in  the 
manner  described,  and  within  the  section,  the  number  of 
such  section,  and  over  it  the  number  of  the  township  within 
which  such  section  may  be ;  and  the  deputy  surveyors  shall 
carefully  note,  in  their  respective  field-books,  the  names  of 
the  corner-trees  marked  and  the  numbers  so  made. 
Cir.  G.  L.  O.,  June  26,  1880. 

Fifth.  Where  the  exterior  lines  of  the  townships  which 
may  be  subdivided  into  sections  or  half  sections  exceed,  or 
do  not  extend  six  miles,  the  excess  or  deficiency  shall  be 
specially  noted,  and  added  to  or  deducted  from  the  western 
and  northern  ranges  of  sections  or  half-sections  in  such 
townships,  according  as  the  error  may  be  in  running  the 
lines  from  east  to  west,  or  from  north  to  south ;  the  sections 
and  half-sections  bounded  on  the  northern  and  western 
lines  of  such  townships  shall  be  sold  as  containing  only  the 
quantity  expressed  in  the  returns  and  plats  respectively, 
and  all  others  as  containing  the  complete  legal  quantity. 

Kuiglit  V.  Elliott,  57  Mo.  317  ;  Vaughn  v.  Tate,  64  id.  491 ;  Waters 
V.  Commons,  2  Port.  (Ala.)  38;  Leweu  v.  Smith,  7  id.  428.  De- 
cision Sec.  Int.,  April  14,  1879.     Cir.  G.  L.  0.,  June  26,  1880. 

Sixth.  All  lines  shall  be  plainly  marked  upon  trees,  and 
measured  with  chains,  containing  two  perches  of  sixteen 
and  one-half  feet  each,  subdivided  into  twenty-five  equal 
links ;  and  the  chain  shall  be  adjusted  to  a  standard  to  be 
kept  for  that  purpose. 

Bradlov  v.  Taylor,  5  Cranch,  191 ;  Mclvers  v.  Walker,  9  id.  173 ;  Shipp 
r.  Miller's  Heirs,  2  Wheat.  316 ;  Holmes  v.  Trout,  7  Pot.  171  ; 
Brown  v.  Huger,  21  How.  305  ;  Meron  r.  Whitney,  5  Otto,  551 ; 
Robinson  v.  Moon,  4  McLean,  C.  C.  279.  Oakley  v.  Stuart,  52 
Cal.  521.     Cir.  G.  L.  O.,  June  26,  1880. 

Seventh.  Every  surveyor  shall  note  in  his  field-book  the 
true  situations  of  all  mines,  salt  Ucks,  salt  springs,  and 
mill-seats  wliich  come  to  his  knowledge ;  all  water  courses 
over  which  the  line  he  runs  may  pass;  and  also  tbe  quality 
of  the  lauds. 

Newsom  v.  Pryor's  Lessee,  7  Wheat.  7  ;  Preston  v.  Bowman,  6  id. 
580  ;  Patterson  v.  Jenks,  2  Pot.  21(5. 

Eighth.  These  field-books  shall  be  returned  to  the  sur- 
veyor-general, who  shall  cause  therefrom  a  descri})tion  of  the 
whole  lands  surveyed  to  be  made  out  and  transmitted  to  the 
officers  who  may  superintend  the  sales.  lie  shall  also  cause 
a  fair  jjlat  to  be  made  of  the  townships  and  fractional  parts 
of  townships  contained  in  the  lands  describing  the  subdi- 
visions thereof  and  the  marks  of  tlio  corners.  This  plat 
shall  be  recorded  in  books  to  be  kept  for  that  purpose ;  and 
a  copy  thereof  shall  be  kept  open  at  the  surveyor-gcneraPs 
oflice  lor  public  information,  and  other  copies  shall  be  sent 
to  the  places  of  the  sale  and  to  the  General  Laud  Office. 
1  Stat.  405;  2  id.  73 ;  19  id.  34 -i ;  R.  S.  2395.     Taylor  ct  al.  v.  Brown, 


22  SURVEYS    AND    SURVEYORS. 

5  Crunch,  •J3-I ;  Uaruanl  r.  Aslll»^y,  18  ITow.  43;  Water  and  Mining 
Co.  r.  llii^ln't',  (i  Otto,  Ki").  UcHor  r.  (iaincs,  1'.)  Ark.  70;  Lcwru 
r.  Smili\,  7  Port.  (Ala.)  4->S;  Molt  r.  Smith,  IG  Cal.  f^M ;  Ilaniil  r. 
Oarr, -Jl  Ohio  St.  'J."i8;  Doe  r.  lliiiholli, -J  In(l.'J74;  McClintock 
r.  Uodf^ers,  11  lll.s.  •J7'.>.  Decision  Sec  Int.,  Jan.  ir>,  1H7^.  Do- 
cision  Com.  Cf.  L.  O.,  Aj>ri!  17,  lH7it. 

Bomi.iftriesnud  Sec.  100.  Tlu'  boiuuhiiios  aiul  coiitoiits  of  tlie  several 
u^^uia*  howM-S*'^'^''''''^'  lialf-soctions,  and  <iuaitei-sections  of  the  imblic 
oartaiaed.  iaiid.s  shall  be  asoeitaiiiod  in  conformity  with  the  Ibllowing 

priiK-iple.s: 

First.  All  the  corners  niarlvcd  in  tlu^  snrveys,  returned  by 
the  surveyor-;fcneral,  shall  be  established  as  the  ])roper 
corners  of  sections,  or  subdivisions  of  sectiotis,  whicdi  they 
were  intended  to  designate;  and  the  corners  of  half  and 
quarter  sections,  not  marked  on  the  surveys,  shall  be  placed 
as  nearly  as  possible  equidistant  from  two  corners  which 
stand  on  the  same  line. 

Second.  The  boundary  lines,  actually  run  and  marked  in 
the  siu'veys  returned  b,y  the  surveyor-general,  shall  be  es- 
tablished as  the  proper  boundary  lines  of  the  sections,  or 
subdivisions,  for  which  they  were  intended,  aiid  the  length 
of  such  lines,  as  returned,  shall  be  held  and  considered  as 
the  true  length  thereof.  And  the  boundary  lines  which 
have  not  been  actually  run  and  marked  shall  be  ascertained 
by  running  straight  lines  from  the  established  corners  to 
the  opi)osite  corresponding  corners ;  but  in  those  portions 
of  the  fractional  townships  where  no  such  o])])osite  corre- 
sponding corners  have  been  or  can  be  fixed,  the  boundary 
lines  shall  be  ascertained  by  running  from  the  established 
corners  due  north  and  south  or  east  and  west  lines,  as  the 
case  may  be,  to  the  watercourse,  Indian  boundary  line,  or 
other  external  boundary  of  such  fractional  township. 

Mott  r.  Smith,  IG  Cal.  ."):M ;  Gnin  r.  Brandon,  29  Ohio  St.  656; 
McClintock  v.  Rodders,  11  Ills.  271);  Goodman  v.  Myrick,  5  Oreg. 
65.     Cir.  G.  L.  O.,  June  26,  1880. 

Third.  Each  section  or  subdivision  of  section,  the  con- 
tents whereof  have  been  returned  by  the  surveyor-general, 
shall  be  held  and  considered  as  containing  the  exact  quan- 
tity expressed  in  such  retuin ;  and  the  half-sections  and 
quarter-sections,  the  contents  whereof  shall  not  have  been 
thus  returned,  shall  be  held  and  considered  as  cotitainiug 
the  one-half  or  the  one-fourth  part,  respectively,  of  the  re- 
turned contents  of  the  section  of  which  they  may  make  part. 

2  Stat.  313;  R.  S.  2396.  Lindsey  r.  Hawes,  2  Black,  554;  U.  S. 
V.  Pacheco,  2  Wall.  .587;  Railway  Co.  v.  Schnrmier,  7  uZ.  272; 
County  of  Saint  Clair  v.  Llvini^ston,  23  id.  46 ;  Heidekoper  v. 
Brooms,  1  Wash.  C.  C.  109;  Coon  v.  Pen,  1  Pet.  C.  C.  496. 
2  Op.  Att.  Gen.  57H.  Knight  v.  Elliott,  .57  Mo.  317  ;  Vaughn  r. 
Tate,  64  id.  491;  Waters  r.  Commons,  2  Port.  (Ala.)  38;  Lewen 
r.  Smith,  7  id.  428 ;  Billingsly  r.  Bates,  30  Ala.  376 ;  Doe  v.  Hil- 
dreth,  2  Ind.  274  ;  Grogau  v.  Knight,  27  Cal.  516.  Decision  Com. 
G.  L.  O.,  May  17,  1875.     Cir.  G.  L.  O.,  June  26,  1880. 

Line*  of  divis-     Sec.  101.  In  cvery  case  of  the  division  of  a  quarter-sec- 

te?-8ecti'on8''how  ^iou  the  line  for  the  division  thereof  shall  run  north  and 

mn.  '       south,  aiul  the  corners  and  contents  of  half  quarter-sections 

which  may  thereafter  be  sold  shall  be  ascertained  in  the 

manner  and  on  the  principles  directed  and  prescribed  by 

the  section  preceding,  and  fractional  sections  containing 


SURVEYS    AND    SURVEYORS.  23 

one  hundred  and  sixty  acres  or  upwards  shall  in  like  man- 
ner, as  nearly  as  practicable,  be  subdivided  into  half  quar- 
ter-sections, under  such  rules  and  regulations  as  may  be 
prescribed  by  the  Secretary  of  the  Interior,  and  in  every 
case  of  a  division  of  a  half  quarter-section,  the  line  for  the 
division  thereof  shall  run  east  and  west,  and  the  corners 
O/ud  contents  of  quarter  quarter-sections,  which  may  there- 
after be  sold,  shall  be  ascertained,  as  nearly  as  may  be,  in 
the  manner  and  on  the  principles  directed  and  prescribed 
by  the  section  preceding ;  and  fractional  sections  contain- 
ing fewer  or  more  than  one  hundred  and  sixty  acres  shall  in 
like  manner,  as  nearly  as  may  be  practicable,  be  subdivided 
into  quarter  quarter-sections,  under  siwh  rules  and  regula- 
tions as  may  be  prescribed  by  the  Secretary  of  the  Interior. 

3  Stat.  560;  4  id.  503;  R.  S.  2397.  Gazzain  r.  Phillips'  Lessee,  20 
How.  372  ;  Railway  Co.  r.  Schunuier,  7  Wall.  272.  Buel  v.  Tuley, 
4  McLean,  C.  V.  268.  Wharton  ?'.  Lirtletiehl,  30  Ala.  245.  3  Op. 
Att.  Gen.  281,  284.  Decision  Sec.  Int.,  April  14,  1879.  Decision 
Com.  G.  L.  0.,May  17,  1875.     Cir.  G.  L.  O.,  June  26,  1880. 

Sec.  102.  Whenever,  in  the  opinion  of  the  President,  a  Variance  in 
departure  from  the  ordinary  method  of  surveying  land  ou  on^rive/s *^^^* 
any  river,  lake,  bayou,  or  water-course  would  promote  the 
public  interest,  he  may  direct  the  surveyor-general,  in  whose 
district  such  land  is  situated,  and  where  the  change  is  in- 
tended to  be  made,  to  cause  the  lands  thus  situated  to  be 
surveyed  in  tracts  of  two  acres  in  Avidtli,  fronting  on  any 
river,  bayou,  lake,  or  water-course,  and  running  back  the 
depth  of  forty  acres ;  which  tracts  of  land  so  surveyed  shall 
be  offered  for  sale  entire,  instead  of  in  half  quarter- sections, 
and  in  the  usual  manner,  and  on  the  same  terms  in  all  re- 
spects as  the  other  public  lands  of  the  United  States. 

4  Stat.  34 ;  R.  S.  2407. 

Sec.  103.  In  extending  the  surveys  of  the  public  lands  in    variance  froin 
the  State  of  Nevada,  the  Secretary  of  the  Interior  may  vary  Jtvisi^na^ln  ^nv 
the  lines  of  the  subdivisions  from  a  rectangular  form,  to  suit  ^ada. 
the  circumstances  of  the  country. 

14  Stat.  86 ;  R.  S.  2408.     Hcydenfeldt  v.  Mining  Co.,  3  Otto,  634. 

Sec.  104.  The  Secretary  of  the  Interior,  if  he  deems  it    Geodetic  meth- 
advisable,  is  authorized  to  continue  the  surveys  in  Oregon  Q^g^^^^^j"^ J? 
and  California,  to  be  made  after  what  is  known  as  thefoinia. 
geodetic  method,  under  such  regulations  and  upon  such 
terms  as  have  been  or  may  hereafter  be  prescribed  by  the 
Commissioner  of  the  General  Land  Office;  but  none  other 
than  township  lines  shall  be  run  where  the  land  is  unlit  for 
cultivation  ;  nor  shall  aiiy  deputy  surveyor  cliarge  for  any 
line  except  such  as  may  be  actually  run  and  marked  or  for 
any  line  not  necessary  to  be  run. 
9  Stat.  498 ;  10  id.  245 ;  R.  S.  2409. 

Sec.  105.  Whenever,  in  the  opinion  of  the  Secretary  of   Departure  from 
the  Interior,  a  departure  from  the  rectangidar  mode  of  sur  voy'^'^hT'ouUfor- 
veyingaud  subdividing  the  public  lands  in  California  would  nia. 
promote  the  i)ublic  interests,  he  iruiy  direct  such  change  to 
be  made  in  the  mode  of  surveying  and  designating  such 
lands  as  he  deems  proper,  with  reference  to  the  existence 
of  mountains,  mineral  deposits,  and  the  advantages  derived 


'24  SURVEYS    AND    SURVEYORS. 

from  timluT  and  wator  i)rivil(\i;os;  but  such  lands  shall  not 
bo  sniN oyod  into  less  than  one  hnndred  and  sixty  acres  or 
subdiviiled  into  loss  than  Ibrty  acres. 

10  8t:it.  24:^;  II.  S.  2410.     Cir.  G.  L.  O..  June  'iti,  1S80. 

Kxt*ji«ion    of     Sec.  100.  The  ])ublic  surveys  shall  extend  over  all  mineral 

Sv'^l!r"'minVr'd^'"^^^'"^' "'"'^  '^^^  subdividint;  oT  survoye<l  lands  into  lots  less 

landa.  than  oiic  hundred  and  sixty  acres  may  be  done  by  county 

and  local  surveyors  at  the  expense  of  claimants;  but  noth- 

inj;  in  this  section  contained  shall   require  the  survey  of 

waste  or  useless  lands. 

10  Stat.  1,\  '21 ;  1()  id.  'JIH;  K.  S.  '2406. 

What  instrtic-  Sec.  107.  Tlio  printed  manual  of  instructions  relatin<j^  to 
tionstobedeenicd  tho  public  sui'vovs,  ])roi)ared  at  the  General  Laud  Otlice, 
and  bearinj;"  date  February  twenty-second,  eighteen  hundred 
and  lifrj'-live,  the  instrnctious  of  the  Commissioner  of  the 
General  Laud  Office,  and  the  special  instructions  of  the  sur- 
veyor-general, when  not  in  conflict  with  such  printed  man- 
ual or  the  instructions  of  the  Commissioner,  shall  be  taken 
and  deemed  to  be  a  part  of  every  contract  for  surveying  the 
public  lands. 

12  Stat.  409;  R.  S.  2309.  Cir.  G.  L.  O.,  June  20,  1880. 

snbdivision  of     ^^^'  ^^^-  l-'^gal  subdlvisions  of  forty  acres  of  placer  lands 
placer  chums,      may  bc  Subdivided  into  ten-acre  lots. 
10  Stat.  217  ;  R.  S.  23m 

Sec.  109.  The  surveyor-general  of  the  United  States 
ve^ki^^gchlms  ™^y  appoint  in  each  laud  district  containing  mineral  lands 
Rnd  power  ofas  many  competent  surveyors  as  shall  api)Iv  for  appoint- 

ComnuBsioner  to  .     .  •    •  i    ■  mi  ^  ^    .^  i  i 

ftx  prices.  ment  to  survey  mining  claims.     The  expenses  of  the  sur- 

vey of  vein  or  lode  claims,  and  the  survey  and  subdivision 
of  placer  claims  into  smaller  quantities  than  one  hnndred 
and  sixty  acres,  shall  be  paid  by  the  applicants,  and  they 
shall  be  at  liberty  to  obtain  the  same  at  the  most  reasonable 
rates,  and  they  shall  also  be  at  liberty  to  employ  any  United 
States  deputy  surveyor  to  make  the  survey.  The  Commis- 
sioner of  the  General  Land  Office  shall  have  power  to  estab- 
lish the  maximum  charges  for  such  surveys;  and  to  the  end 
that  he  may  be  fully  informed  on  the  subject,  each  api»licant 
shall  file  with  the  register  a  sworn  statement  of  all  charges 
and  fees  paid  by  such  applicant  for  surveys,  which  state- 
ment shall  be  transmitted  to  the  Commissioner  of  the  Gen- 
eral Land  Office. 

17  Stat.  95;  19  id.  52;    R.  S.  2334.     Decision  Com.  G.  L.  0.,  April 
20,  1877. 

Snrveyor-gen-  Sec.  110.  The  surveyop-general  of  the  United  States  shaU 
and  field-notes  of  prepare  or  cause  to  be  prepared  a  plat  and  field-notes  of 
mining  surveys,  all  mining  survoys  made  by  authority  of  law,  which  shall 

And  to  EivG  cer-  c^  */  »/  1/7 

tiflcate  of  im- show  accurately  the  boundaries  of  such  claims;  and,  when 
provements,  ice.  warranted  by  the  facts,  he  shall  give  to  the  claimant  his 
certificate  that  five  hundred  dollars'  worth  of  labor  has  been 
expended  or  improvements  made  upon  the  claim  by  the 
claimant  or  his  grantors,  and  that  the  plat  is  correct,  with 
such  further  description  by  such  reference  to  natural  objects 
or  permanent  monuments  as  shall  identify  the  claim,  and  fur- 
nish an  accurate  description,  to  be  incori)orated  in  the  patent. 
17  Stat.  92 ;  R.  S. 2325. 


SURVEYS    AND    SURVEYORS.  25 

"^  Sec.  111.  Contracts  for  the  survey  of  the  public  lands    contracts  for 
shall  not  become  binding  upon  the  United  States  until  ap- f°M^^4henbmd° 
proved  by  the  Commissioner  of  the  General  Land  Office, '°°- 
except  in  such  cases  as  the  Commissioner  may  otherwise 
specially  order. 

12  Stat.  409 ;  R.  S.  2398.  Maguire  v.  Tyler,  1  Black,  201 ;  Parks  v. 
Ross,  11  How.  3G2 ;  Spencer  v.  Lapsley,  20  id.  264.  Reed  v.  Con- 
way, 26  Mo.  13.     Decision  Sec.  Int.,  Feb.  27,  1878. 

Sec.  112.  The  Commissioner  of  the  General  Land  Office^  ^Ji"^^"^^^^ 
has  power,  and  it  shall  be  his  duty,  to  fix  the  prices  perushed. 
mile  for  public  surveys,  which  shall  in  no  case  exceed  the  in^i^privatccMrna 
maximum  established  by  law;  and,  under  instructions  to  be  a«d  railroad 
prepared  by  the  Commissioner,  an  accurate  account  shall  funded-***  ***  ^^ 
be  kept  by  each  survej'or-general  of  the  cost  of  surveying 
.  and  plotting  private  land  claims,  to  be  reported  to  the  Gen- 
eral Land  Of&ce,  with  the  map  of  such  claim ;  and  patents 
shall  not  issue  for  any  such  j)rivate  claim,  nor  shall  any 
copy  of  such  survey  be  furnished,  until  the  cost  of  survey 
and  platting  has  been  paid  into  the  Treasury  by  the  claim- 
ant or  other  party ;  and  before  any  land  granted  to  any 
railroad  company  by  the  United  States  shall  be  conveyed 
to  such  company  or  any  persons  entitled  thereto,  under  any 
of  the  acts  incorijorating  or  relating  to  said  company,  unless 
such  company  is  exemi)ted  by  law  from  the  payment  of 
such  cost,  there  shall  first  be  paid  into  the  Treasury  of  the 
United  States  the  cost  of  surveying,  selecting,  and  convey- 
ing the  same  by  the  said  comj^any  or  persons  in  interest. 

12  Stat.  409 ;  18  id.  384 ;  19  id.  122  ;  R.  S.  2400.  Railway  Co.  v.  Pres- 
cott,  16  Wall.  603  ;  Railway  Co.  v.  McShane,  22  id.  444 ;  Hanne- 
well  V.  Cass  Co.,  22  id.  464  ;  Colorado  Co.  v.  Commissioners,  5  Otto, 
259.  Decisions  Sec.  Int.,  Dec.  17,  1874;  Feb.  27,  1878;  Feb.  20, 
1879 ;  March  5, 1879 ;  April  2, 1879.  Decisions  Com.  G.  L.  O.,  April 
18,  1867  ;  Aug.  8,  1867 ;  Feb.  17,  1869 ;  Marcli  26,  1870.  Cir,  G.  L. 
O.,  June  26,  1880. 

Sec.  113.  The  Commissioner  of  the  General  Land  Office pr^^ai^Bn^veyB 
may  authorize,  in  his  discretion,  jjublic  lands  in  Oregon,  in  Oregon  CaU- 
densely  covered  with  forests  or  thick  undergrowth,  to  be  [n^^n  I'en^or^. 
surveyed  at  augmented  rates,  not  exceeding  eighteen  dol- 
lars per  mile  for  standard  parallels,  fifteen  dollars  for  town- 
ships, and  twelve  dollars  for  section  lines ;  and  under  like 
conditions  he  may  allow  augmented  rates  in  California,  and 
in  Washington  Territory,  not  exceeding  eighteen  dollars  per 
linear  mile  for  standard  parallels,  sixteen  dollars  for  town- 
ship, and  fourteen  dollars  for  section  lines. 

16  Stat.  304,  305  ;  17  id.  358 ;  R.  S.  2404,  2405.  Decision  Sec.  Int., 
.Tune  16,  1879.     Cir.  G.  L.  O.,  June  26, 1880. 

Sec.  114.  Whenever  the  public  surveys,  or  any  portion  of   Payby  thi.day 
them,  in  the  States  of  Oregon  and  California,  are  so  required  o^e^n  wi'ircau" 
to  be  made  as  to  render  it  expedient  to  make  compensation  forma. 
for  the  surveying  thereof  by  the  day  instead  of  by  the  mile, 
it  shall  be  lawful  for  the  Commissioner  of  the  General  Land 
Office,  under  the  direction  of  the  Secretary  of  the  Interior, 
to  make  such  fair  and  reasonable  allowance  as,  in  his  judg- 
ment, may  be  necessary  to  insure  the  accurate  and  faithful 
execution  of  the  work. 

10  Stat.  247;  R.  S.2411.  Decision  Sec.  Int.,  June  16, 1879,  Cir.  G. 
L.  O.,  June  26,  1880. 


26  sriaKvs  and  surveyors. 

Wht'n  snrvoy  SKO.  I  IT),  WllCU  ( lu>  St't  tU'lS  ill  uiiy  towiislii]),  iiot  iiiiiierij 
^uk««  in"io\vu-'^^i'  I't'-'^^'i'vod  by  (Jovi'iiiiiuMit,  desire  a  survey  iiiade  of  the 
•ijii».  same,  under  tiie  authority  of  the  surveyor-j;eiieral,  and  lile 

an  application  therefor  in  writinji:,  and  (h'posit  in  a  proper 
Uniti'd  States  (h'pository,  to  the  eredit  of  thi^  United  States, 
a  sum  sulUeient  to  pay  for  such  survey,  toj^vther  with  all 
expenses  ineideiit  thereto,  without  cost  or  claim  for  indein- 
uity  on  the  United  States,  it  may  be  hiwful  lor  the  surveyor- 
general,  under  such  instructions  as  may  be  ^iveu  him  by 
the  Cominissioner  of  the  General  Land  Olfice,  and  in  acconl- 
auce  with  law,  to  survey  such  township  and  make  return 
thereof  to  the  general  and  proper  local  land  ofli(;e,  provided 
the  township  so  proposed  to  be  surveyed  is  within  the  range 
of  the  regular  i)rogress  of  the  public  surveys  embraced  by 
existing  standard  lines  or  bases  for  the  township  and  sub- 
divisional  surveys. 

1-2  Star.  410  ;  K.  S.  2401.  Decisiou  S«c.  lut.,  Jau.  23,  1880.  Cir.  G 
L,  0.,Jiiuo27,  1879;  March  5,  1880. 

Deposit  for  ex-  g^o.  116.  The  dcposit  of  monev  in  a  iiroper  United  States 
deemea  an  appro- depository,  uudcr  the  provisions  ot  the  preceding  section, 
priation.  ic.  shall  be  deemed  an  appropriation  of  the  sums  so  de])osited 
for  the  objects  contemplated  by  that  section,  and  the  Sec- 
retary of  the  Treasury  is  authorized  to  cause  the  sums  so 
dei)osited  to  be  placed  to  the  credit  of  the  proi^er  appropria- 
tions for  the  surveying  service ;  but  any  excesses  in  such 
sums  over  and  above  the  actual  cost  of  the  surveys,  com- 
prising all  expenses  incident  thereto,  for  which  they  were 
severally  deposited,  shall  be  repaid  to  the  depositors  re- 
spectivelj'. 

l:{  Stat.  404 ;  R.  S.  2402.  Cir.  G.  L.  O.,  June  27,  1879. 

Settlers'  de-  Sec.  117.  Where  settlers  make  deposits  in  accordance 
to  Kol^**partl)ay^  with  the  provisious  of  section  one  hundred  and  fifteen, 
ment  of  lands,  the  auiount  SO  dcpositcd  shall  go  in  part  payment  for  their 
bie.  "  "  lands  situated  in  the  townshii)s,  the  surv^eying  of  which  is 

paid  for  out  of  such  deposits ;  or  the  certificates  issued  for 
such  depo.sits  maj'  be  assigned  by  endorsement  and  be  re- 
ceived in  payment  for  any  public  lauds  of  the  United  States 
entered  by  settlers  under  the  pre-emption  and  homestead 
laws  of  the  United  States,  and  not  otherwise. 

16  Stat.  581;  19  id.  38;  20  id.  352;  R.  S.  2403.  Cir.  G.  L.  O.,  June 
27,  1879. 

«/aY^t'o^°mi^T-  ^'^^'  ^^^'  -^'*^^^  surveyor-general,  when  thereunto  duly 
private  1  an d  authorized  by  law,  shall  cause  all  confirmed  private  land 
tira^l^^" '^'^"^^'^"^'^  ^^^'^^"  ^^^^  district  to  be  accurately  surveyed,  and 
shall  transmit  plats  and  field-notes  thereof  to  the  Commis- 
sioner of  the  General  Land  OflQce  for  his  ai)proval.  When 
publication  of  such  surveys  is  authorized  by  law,  the  proof 
thereof,  together  with  any  objections  properly  filed  and  all 
evidence  submitted  either  in  support  of  or  in  opposition  to 
the  ai)})roval  of  any  such  survey,  shall  also  be  transmitted  to 
said  Commissioner. 

2  Stat.  32(5,  352 ;  3  id.  325 ;  5  id.  740 ;  9  id.  242,  633 ;  10  id.  244, 
308,  599 ;  11  id.  294  ;  12  id.  172,  209,  309,  409 :  13  id.  332,  344  ;  14 
id.  218;  Hi  id.  64,  304;  18  id.  305;  19  id.  121,  202;  R.  S.  2447. 
Bissell  V.  Penrose,   8  How.  317  ;  Villalobos  v.  U.  S.,  10  id.  541 ; 


SURVEYS    AND    SURVEYORS.  27 

Ledoiix  V  Black,  18  id.  473;  U.  S.  r.  Fossat,  20  M.  413;  Bro^yi  r. 
Huger,  '21  id.  305  ;  U.  S.  v.  Fossat,  21  id.  445 ;  Castro  v.  Heudncks, 
23  id.  43rt ;  Ballance  v.  Forsyth,  24  id.  183 ;  U.  S.  v.  Sepulveda, 
1  Wall.  104 ;  U.  S.  v.  Halleck  1  id.  43<) ;  U.  S.  v.  Vallejo,  1  id.  658 ; 
Slitter's  case,  2  id.  562  ;  Fossat  case,  2  id.  649;  Higueras  v.  U.  S., 
5  id.  627  ;  Alviso  v.  U.  S.,  8  id.  337.  12  Op.  Att.  Gen.  116,  250  ;  14 
id.  74,  601.  U.  S.  v.  Garcia,  1  Saw.  C.  C.  383;  Russell  v.  Hen- 
shaw,  1  id.  553;  Leroy  r.  Jamison,  3  id.  369;  U.  S.  v.  Flint,  4 
id.  42.  Dent  r.  Segerson,  29  Mo.  480;  Fowler  v.  Duvall,  11  La. 
Ann.  561;  Waterman  v.  Stiiitb,  13  Cal.  373;  Moore  v.  Wilkerson, 
13  id.  478  ;  Merritt  v.  Judd,  14  id.  60  ;  Mott  v.  Smith,  16  id.  534 ; 
Johnson  v.  Van  Dyke,  20  id.  225;  McGarraghau  v.  Maxwell,  27  id. 
75  ;  Scale  v.  Ford,'  29  id.  104.     Cir.  G.  L.  O.,  June  26,  1860, 

Sec.  119.  It  shall  be  the  duty  of  each  surveyor-general,  eJiTxew  Me"! 
■whose  respective  surveying  district  includes  any  portion ico, &a,to report 
of  the  territory  embraced,  on  the  twenty-second  day  ofp°i.i*i;°a^"*'fand 
July,  eighteen  hundred  and  lifty-four,  within  the  limits  of  claims. 
the  then  Territory  of  New  Mexico,  under  the  instructions  of 
the  Secretary  of  the  Interior,  to  ascertain  the  origin,  nature, 
character  and  extent  of  all  claims  to  lands  under  the  laws, 
usages,  and  customs  of  Spain  and  Mexico;  and  for  this  pur- 
pose may  issue  notices,  summons  witnesses,  administer  oaths, 
and  do  and  perform  all  other  necessary  acts  in  the  premises. 
He  shall  make  a  full  report  on  all  such  claims  as  originated 
before  the  cession  of  the  Territory  to  the  United  States  by 
the  treaty  of  Guadalupe  Hidalgo,  of  eighteen  hundred  and 
forty-eight,  denoting  the  various  grades  of  title,  with  his 
decision  as  to  the  validity  or  invalidity  of  each  of  the  same 
under  the  laws,  usages,  and  customs  of  the  country  before 
its  cession  to  the  United  States;  and  shall  also  make  a  re- 
port in  regard  to  all  pueblos  existing  in  the  Territory,  show- 
ing the  extent  a.id  locality  of  each,  stating  the  number  of 
inhabitants  in  the  said  pueblos,  res])ectively,  and  the  nature 
of  their  titles  to  the  land.  Such  report  shall  be  made  ac- 
cording to  the  form  which  may  be  jirescribed  by  the  Secre- 
tary of  the  Interior,  and  shall  be  laid  before  Congress  for 
such  action  thereon  as  may  be  deemed  just  and  proper,  with 
a  view  to  confirm  bona  fide  grants  and  give  full  effect  to  the 
treaty  of  eighteen  hundred  and  forty-eight  between  the 
United  States  and  JMexico;  and  until  the  final  action  of  Con- 
gress on  such  claims,  all  lands  covered  thereby  shall  be  re- 
served from  sale  or  other  disposal  by  the  Government. 

10  Stat.  309.  Newhall  v.  Sanger,  2  Otto,  761 ;  Tameling  v.  Emigra- 
tion Co.,  3  id.  644;  U.  S.  t".  Glamorgan  and  Dauterive  v.  U.  S.,  S. 
C,  Oct.  T.,  1879,  in  manuscript.  14  Op.  Att.  Gen.  (J24.  Decisions 
Sec.  Int.,  Dec.  29,  1862;  July  26,  1867;  Sept.  6,  1870;  July  27, 
1871;  June  6,1872;  Feb.  21,1872;  March  15,1872;  June  6,  1872; 
Sept.  2,1872;  Dec.  17,1872;  Feb.  21, 1873;  March21, 1873;  March 
26,1873;  July  23,  1873;  July  31, 1873;  Oct.  30,  1873;  Feb.  28,  1874; 
March  17,  1874;  June  29,  1874;  July  1.5,  1874;  Aug.  1.5,  1874;  Oct. 

27,  1874;  Dec.  5,  1874;  Jan.  23,  1875;  March  27,  1875;  June  1, 
1875;  Feb.  4,  1876;  April  22,  1876;  Aug.  8,  1876;  Aug.  12,  1876; 
Aug.  17,1876;  Dec.  30,  1876;  Feb.  7,  1877;  Feb.  15,1877;  March 
16,  1877;  April  1.5,1877;  June  30,1877;  Nov.  15,1877;  June  12, 
1878;  July  11, 1878;  Aug.  9,1878;  Oct.  24, 1878;  May  21,1879;  May 

28,  1879;\Tune  9,1879;  June  21,  1879;  Aug.  28,  1879;  Sept.  20, 
1879.  Decisions  Com.  G.  L.  O.,  Aug.  18, 1860 ;  June  22, 1870 ;  Dec. 
14, 1870;  June  17,1871 ;  Dec.  19,  1871  ;  July  9, 1872;  Aug.  13, 1872; 
Sept.  18, 1874  ;  Nov.  3,1874;  Feb.  12,  1875;  June29,  1&75;  July 
19,  1875;  May  13,  1876;  May  19,  1876;  July  7,  1876;  Sept.  19,1876; 
Nov.  15,  187(i;  April  13,  1877  ;  June  22, 1877  ;  June  27,  1877;  Feb. 


28  SURVEYS    AND    SURVEYORS. 

1.   1ST8:   Fob.  21.  IS78;  April   l:{,   1878;  Nov.   11,  1878;  Doc.  2, 
1878 ;  March  'Jl,  1879 ;  July  II,  1879  ;  Auj,'.  14,  1871);  Sept.  5,  1879. 

Penalty  for  ii»  Skc.  I'JO.  I'iVcrv  jxTsoii  wlio  ill  any  manner,  by  threat  or 
terroi.uu;;  •" r- fQ^.^^n^^  interrupts,  hinders,  t)r  prevents  the  surveyin^^  of  the 
pubhe  huuls,  or  ot  any  i)rivate  hmd  claim  which  has  been  or 
may  be  eonlirmed  by  the  United  States,  by  the  persons 
authorized  to  survey  the  same,  in  conformity  with  the  in- 
structions of  the  Commissioner  of  the  General  Land  Ollice, 
shall  be  fined  not  less  tlian  fifty  dollarsnor  more  than  three 
thousand  dollars,  and  be  imprisoned  iiot  less  than  one  nor 
more  than  three  years. 
4  Stat.  417  ;  R.  S. 2412. 

Protection  of  Sec.  121.  Whenever  the  President  is  Satisfied  that  forcible 
Shalo^dWrict!^'^  Opposition  has  been  offered,  or  is  likely  to  be  offered,  to  any 
surveyor  or  deputy  surveyor  in  the  discharge  of  his  duties  in 
surveying  the  public  lands,  it  may  be  lawful  for  the  President 
to  order  the  marshal  of  the  State  or  district,  by  himself  or 
deputy,  to  attend  such  surveyor  or  deputy  surveyor  with 
sufficient  force  to  protect  such  officer  in  the  execution  of  his 
duty,  and  to  remove  force  should  any  be  oliered. 
4  Stat.  417  ;  R.  S.  2413. 

Surveyors  t  o     Sec.  122.  The  President  is  authorized  to  appoint  survey- 

tSber^*^d^^*^toOrs  of  public  lauds,  who  shall  explore  such  vacant  and  un- 

rwe^e  foruse  of  appropriated  lands  of  the  United  States  as  produce  the  live- 

*^'  oak  and  red-cedar  timbers,  and  shall  select  such  tracts  or 

portions  thereof,  where  the  principal  growth  is  of  either  of 

such  timbers,  as  in  the  judgment  of  the  Secretary  of  the 

Navy  may  be  necessary  to  furnish  for  the  Xavy  a  sufficient 

supply  of  the  same.    Such  surveyors  shall  report  to  the 

President  the  tracts  by  them  selected,  with  the  boundaries 

ascertained  and  accurately  designated  by  actual  survey  or 

water-courses. 

3  Stat.  347 ;  R.  S.  2459.     U.  S.  v.  Briggs,  9  How.  351. 

Director  of  geo-     Sec.  123.  The  director  of  the    geological    survey  shall, 
logical  Borvey.    umiex  the  Interior  Department,  have  the  direction  of  the 
geological  survey  and  the  classification  of  the  public  lands 
and  examination   of  the  geological  structure,  mineral  re- 
sources, and  products  of  the  national  domain. 

20  Stat.  394. 


CHAPTER   FOUR. 

LAND  DISTRICTS  AND  OFFICEES. 


Sec. 

124.  Land  districts. 

125.  Wlienland  office  maybe  discontinued 

by  Secretary  of  the  Interior. 

126.  When  land  office  may  be  continued 

by  Secretary  of  the  Interior. 

127.  When  land  office  may  be  annexed  to 

adjacent  district  by  the  President. 

128.  Change  of  location  of  land  office  by 

the  President. 

129.  Discontinuance  of  land  offices  by  the 

President. 

130.  Changeof  boundaries  of  land  districts 

and  establishment  of  additional  dis- 
tricts for  sale  of  mineral  lands. 

131.  Business  of  original  district  in  case  of 

change  of  boundaries. 

132.  Allowance  of  office  rent  and  clerk  hire 

for  consolidated  offices. 

133.  Appointment  of  registers  and  receiv- 

ers. 

134.  Duration  of  office  of  registers  and  re- 

ceivers. 


Sec. 

133.  Residence  of  registers  and  receivers. 

136.  Bond  of  registers  and  receivers. 

137.  Fees  and  commissions  of  registers  and 

receivers. 

138.  Fees  of  registers  and  receivers  for 

consolidated  land  offices, 

139.  Maximum  compensation  of  registers 

and  receivers. 

140.  Excess  of  compensatitm  to  be  paid  in 

Treasury. 

141.  Illegal  fees;  penalty. 

142.  Comi3ensation  of  registers  andreceiv- 

ers  ;  when  to  commence, 

143.  Monthly  and  quarterly  returns  of  re- 

ceivers. 

144.  Oaths  administered  by  registers  and 

receivers. 

145.  Penalty  for  false  information. 

146.  Deposit  of  public  money, 

147.  Where    claimant  of  entry  becomes 

register  or  receiver. 


Sec.  124.  The  following  are  tlie  established  boundaries  of 
the  existing  land  districts,  with  the  location  of  the  respect- 
ive land  offices,  until  changed  in  pursuance  of  law,  namely : 

Mathews  v.  Zane,  5  Cranch,  92 ;  Same  case,  7  Wheat.  164 ;  Hellan 
V.  Ripley,  3  Rob.  (La.)  138. 

MISSOURI. 

Booneville. 

Booneville  land  district  embraces  all  that  part  of  the  State 
of  Missouri  which  lies  north  of  the  line  between  townships 
thirty-seven  and  thirty-eight  north,  lying  west  of  the  line 
between  ranges  ten  and  eleven  west  and  townships  thii'ty- 
four  and  thirty-five  north  of  ranges  eleven  to  thirty-three 
west,  inclusive. 

Ironton. 

The  land  district  of  Ironton  embraces  all  that  part  of  the 
State  of  Missouri  which  lies  south  of  the  line  between  town- 
ships thirty-seven  and  thirty-eight  north,  and  east  of  the 
line  between  ranges  ten  and  eleven  west  of  the  fifth  princi- 
pal meridian. 

Springfield. 

The  land  district  of  Springfield  consists  of  that  portion 
of  the  State  of  Missouri  which  is  situated  south  of  the  line 
between  townships  thirty -four  and  thirty -five  north,  and 
west  of  the  line  between  ranges  ten  and  eleven  west  of  the 
fifth  principal  meridian. 

29 


Land  districts. 


30  LAND    DISTRICTS    AND    OFFICERS. 

ALABAMA. 

Ilnutsville. 

Iluntsvillo  land  district  iiiclndos  all  tliat  portion  of  the 
State  of  .Mabama  lyini::  north  of  Calhoun  and  Cleburne 
Counties  and  north  of  the  line  bi'tween  townships  fourteen 
and  fifteen  south  of  the  basis  meridian  of  Huntsville,  ex- 
teudiuii'  from  the  western  boundary  of  the  State  to  the  west- 
ern boundary  of  Calhoun  County. 

Montgomery. 

Montgomery  land  district  includes  all  that  portion  of  the 
State  of  Alabama  lying  south  of  townshii)s  fourteen  and 
fifteen  south  of  the  basis  meridian  of  Huntsville,  extending 
from  the  western  boundary  of  the  State  to  the  western 
boundary  of  Calhoun  County,  and  south  of  the  northern 
boundaries  of  Calhoun  and  Cleburne  Counties. 

LOUISLANA. 

New  Orleans. 

The  land  district  of  New  Orleans  comprehends  within  its 
limits  that  portion  of  the  State  of  Louisiana  which  lies 
south  of  the  basis  parallel  of  thirty-first  degree  of  north 
latitude  and  that  portion  thereof  lying  north  of  the  basis 
and  east  of  range  lines  three  and  four  west,  townships  one 
to  thirteen  north,  inclusive;  and  also  east  of  range  lines  five 
and  six  west,  extending  from  township  fourteen  north  to 
northern  boundary  of  State. 

Natchitoches. 

This  land  district  occupies  the  northwestern  part  of  the 
State  of  Louisiana,  extending  from  townships  one  to  thir- 
teen north,  inclusive,  and  west  of  the  line  between  ranges 
three  and  four  west;  and  also  from  township  fourteen  north 
to  the  north  boundary  of  the  State,  extending  from  the  line 
between  ranges  five  and  six  west  of  the  principal  meridian 
to  the  western  boundary  of  the  State  of  Louisiana. 

MISSISSIPPI. 

Jackson. 

The  land  district  of  Jackson  is  co-extensive  with  the  lim- 
its of  the  State  of  Mississippi. 

MICHIGAN. 

Eeed  City. 

Eeed  City  land  district  includes  all  that  part  of  the  State 
of  Michigan  situated  west  of  the  following  lines:  Town- 
ships one  to  four  south,  inclusive,  west  of  the  line  between 
ranges  three  and  four  west ;  townships  five  to  eight  south, 
inclusive,  west  of  the  line  between  ranges  four  and  five 
west;  townships  one  to  ten  north,  inclusive,  west  of  the 
I)rincipal  meridian ;  townships  eleven  to  thirty-nine  north^ 


LAND    DISTRICTS    AND    OFFICERS.  31 

inclusive  (extending  to  Lake  Huron),  west  of  tlie  line  be- 
tween ranges  two  and  three  west,  including  islands  in  Lake 
Michigan  and  the  straits  of  Mackinac,  exclusive  of  the 
island  of  Mackinaw. 

East  Saginaw. 

East  Saginaw  land  district  embraces  townships  six  to  ten 
north,  inclusive,  lying  east  of  the  principal  meridian  and 
west  of  the  line  between  ranges  eleven  and  twelve  east  of 
said  meridian;  also  townships  eleven  to  twenty-eight  north, 
inclusive,  lying  east  of  the  line  between  ranges  two  and 
three  west  of  the  principal  meridian,  and  west  of  the  line 
between  ranges  eleven  and  twelve  east. 

Marquette 

Land  district  embraces  the  whole  extent  of  the  northern 
I^eninsula  of  Michigan,  including  Drummond  Island,  Isle 
Eoyale,  and  those  adjacent  to  the  Big  Bay  de  Noc. 

Detroit. 

The  land  district  of  Detroit  includes  all  that  part  of  the 
State  of  Michigan  situated  east  of  the  following  lines  of 
public  surveys,  viz:  Townships  one  to  five  north,  inclusive, 
east  of  the  principal  meridian ;  townships  six  to  nineteen 
north,  inclusive,  extending  east  of  the  line  between  ranges 
eleven  and  twelve  east,  townships  one  to  four  south,  inclus- 
ive, lying  east  ot  the  line  between  ranges  three  and  four 
west;  townships  five  to  nine  south,  inclusive,  extending  from 
the  line  between  ranges  four  and  five  west.  It  also  includes 
that  part  of  the  State  which  lies  north  of  the  line  between 
townshiiis  twenty -eight  and  twenty -nine  north,  and  east  of 
the  line  between  ranges  two  and  three  west  of  the  princi- 
pal meridian,  and  extending  to  Lake  Huron,  in  the  southern 
peninsula  of  Michigan,  comprehending  within  its  limits  the 
island  of  Mackinaw. 

ARKANSAS. 

Dardanelle 

Land  district  is  bounded  on  the  east  by  a  line  between  ranges 
seventeen  and  eighteen  west  of  the  fifth  principal  merid- 
ian, running  north  from  the  base  line  to  the  corner  common 
to  townshii)s  twelve  and  thirteen  north  of  the  base  line,  on 
the  north  by  the  lino  betv/cen  townships  twelve  and  thir- 
teen north,  on  the  west  by  the  western  boundary  of  the 
State  of  Arkansas,  and  on  the  south  by  the  base  line. 

Little  Rock 

Land  district  is  bounded  as  follows,  viz :  Beginning  on  the 
south  boundary  of  the  State  of  Arlcansas  where  the  line 
between  ranges  five  and  six  west  of  the  fifth  i)rincipal  me- 
ridian intersects  the  siinie ;  th('n<;e  north  on  said  range  line 
to  the  corner  common  to  townshi])s  ten  and  eleven  south  j 
thence  west  on  the  line  between  townships  ten  and  eleven 


32  LANP    DISTRICTS    AND    OFFICERS. 

south  to  tlu>  lino  hotwocii  raM}j:i's  sovoutoiMi  and  oiphtccii 
west  ;  thoni'V  north  on  tht>  said  ranj^c  line  to  the  corner  t-oiii- 
nion  to  townships  twelve  and  thirtct'n  north  of  the  base 
line;  tlienee  east  on  the  line  between  townshii)s  twelve  and 
thirteen  north  to  the  line  between  rangfes  seven  and  ei^ht 
west ;  thence  north  alonj^  said  ranj;e  line  to  the  north  bound- 
ary of  the  State;  thence  east  with  the  said  boundary  to  tho 
Saint  Francis  River;  thence  down  said  river  to  the  intersec- 
tion of  the  thirty-sixth  dejiiee  of  north  latitude ;  thence  east 
alonij  said  parallel  of  north  latitude  to  the  Mississippi  liiver; 
thence  down  said  river  to.  the  south  boundary  of  the  State 
of  Arkansas;  and  theuce  west  along  said  bouudaiy  to  tho 
point  of  bt'^inning. 

Camden 

Land  district  is  bounded  on  the  north  by  tho  base  line  ex- 
tending from  the  west  boundary  of  the  State  of  Arkansas 
to  the  iutersectiou  of  the  line  between  ranges  seventeen  and 
eighteen  west  of  the  fifth  principal  meridian;  theuce  south 
"with  the  said  range  line  to  the  corner  common  to  townships 
ten  and  eleven  south  of  the  base  line ;  thence  east,  on  tho 
line  between  townshii)s  ten  and  eleven  south,  to  the  inter- 
section of  the  line  between  ranges  five  and  six  west  of  tho 
fifth  principal  meridian  ;  thence  south  along  said  range  lino 
to  the  south  boundary  of  the  State;  thence  west  with  the 
said  bonnchuy  to  the  west  boundary  of  the  State;  and 
thence  w  ith  the  west  boundary  to  the  place  of  beginning. 

Harrison 

Land  district  comprises  all  that  part  of  the  State  of  Arkan- 
sas which  lies  north  of  the  line  between  townships  twelve 
and  thirteen  north  of  the  base  line,  and  west  of  the  line 
between  ranges  seven  and  eight  west  of  the' fifth  principal 
meridian. 

FLOE  IDA. 

Gainesville. 

The  land  district  of  Gainesville  is  co-extensive  with  the 
limits  of  the  State  of  Florida. 

IOWA. 

Des  Moines. 

The  land  district  of  Des  Moines  is  co-extensive  with  the 
limits  of  the  State  of  Iowa. 

WISCONSIN. 

Menasha 

Land  district  embraces  eastern  part  of  the  State  of  Wiscon- 
sin lying  east  of  the  line  betw  een  ranges  eight  and  nine  east, 
extending  from  the  south  boundary  of  the  State  to  the  cor- 
ner common  to  townships  fourteen  and  fifteen  north;  thence 
east  on  said  township  line  to  the  line  between  ranges  eleven 
and  twelve  east ;  thence  north  along  the  said  range  line  to 
the  north  boundary  of  the  State. 


LAND    DISTRICTS    AND    OFFICERS.  33 

Falls  Saint  Croix 

Land  district  is  bounded  on  the  north  by  the  fourth  correc- 
tion line  north  of  the  base  line;  on  the  east  by  the  line 
between  ranges  eleven  and  twelve  west  of  the  fourth  prin- 
cipal meridian;  on  the  south  by  the  Chippewa  and  Mis- 
sissippi Elvers,  and  on  the  west  by  the  Saint  Croix  Elver. 

Wausau 

Land  district  embraces  all  that  portion  of  the  State  of  Wis- 
consin lying  north  of  the  hue  between  townships  fourteen 
and  fifteen  north  of  the  base  line ;  west  of  the  line  between 
ranges  eleven  and  twelve  east  of  the  fourth  j)rincipal  merid- 
ian ;  and  east  of  the  line  between  ranges  one  and  two  east 
of  the  fourth  principal  meridian. 

La  Crosse 

Land  district  is  included  within  the  following  boundaries, 
to  wit :  Beginning  on  the  south  boundary  of  the  State  of 
Wisconsin,  where  the  line  between  ranges  eight  and  nine 
east  of  the  fourth  principal  meridian  intersects  the  same; 
thence  north  with  the  said  range  line  to  the  corner  common 
to  townships  fourteen  and  fifteen  north  of  the  base  line ; 
thence  west  with  said  line  to  the  line  between  ranges  one 
and  two  east ;  thence  north  along  said  range  line  to  the 
corner  common  to  townships  twenty-four  and  twenty-five 
north  ;  thence  west  on  the  line  between  said  townships  to 
the  line  between  ranges  eleven  and  twelve  west;  thence 
north  with  said  range  line  to  the  intersection  with  the  Chip- 
pewa Elver ;  thence  down  said  river  to  its  mouth ;  thence 
down  the  Mississippi  Eiver  to  the  southern  boundary  of 
Wisconsin ;  and  thence  east  along  the  said  boundary  to  the 
place  of  beginning. 

Bayfield 

Land  district  embraces  all  that  part  of  the  northwestern 
corner  of  the  State  of  Wisconsin  lying  north  of  the  fourth 
correction  line  and  west  of  the  line  between  ranges  one  and 
two  east  of  the  fourth  principal  meridian. 

Eau  Claire 

Land  district  is  bounded  on  the  north  by  the  fourth  correc- 
tion line  running  through  ranges  one  east  and  one  to  eleven 
west  of  the  fourth  principal  meridian  ;  on  the  west  by  the 
line  running  south  between  ranges  eleven  and  twelve  west 
to  the  corner  common  to  townships  twenty-four  and  twenty- 
five  north  of  the  base  line ;  on  the  south  by  the  line  running 
east  between  said  townships  to  the  line  between  ranges  one 
and  two  east  of  the  fourth  princii)al  meridian,  and  on  the 
east  by  the  said  range  line  extending  north  to  the  comer 
common  to  townships  forty  and  forty-one  north  of  the  base 
line,  to  the  place  of  beginning. 
3l  o 


34  LAND    DISTRICTS    AND    OFFICERS. 

CALIFORNIA. 

San  Francisco 

Land  district  is  bounded  as  follows :  Beginning  on  the  Pa- 
cific Ocean  vrliere  the  line  between  townships  twenty-four 
and  twenty-five  north  intersects  the  ocean,  and  running 
thence  east  with  the  said  township  line  to  the  line  between 
ranges  ten  and  eleven  west  of  the  Mount  Diablo  meridian  ; 
thence  north  on  said  range  line  to  the  corner  common  to 
townships  twenty-five  and  twenty-six  north ;  thence  east 
between  said  townships  to  the  lino  between  ranges  seven 
and  eight  west ;  thence  south  on  said  range  line  to  the  cor- 
ner common  to  townships  nineteen  and  twenty  north;  thence 
east  between  said  townships  to  the  line  between  ranges  six 
and  seven  west ;  thence  south  on  said  range  line  to  the  cor- 
ner common  to  townships  sixteen  and  seventeen  north ; 
thence  east  between  said  townships  to  the  line  between 
ranges  five  and  six  west ;  thence  south  along  the  line  be- 
tween ranges  five  and  six  west  to  the  corner  common  to 
townships  twelve  and  thirteen  north ;  thence  east  between 
said  townships  to  the  line  between  ranges  four  and  five  west ; 
thence  south  on  said  range  line  to  the  corner  common  to 
townships  nine  and  ten  north;  thence  east  between  said 
townships  to  the  line  between  ranges  three  and  four  west ; 
thence  south  on  said  range  line  to  the  corner  common  to 
townships  seven  and  eight  north ;  thence  east  on  the  line 
between  townships  seven  and  eight  north  to  the  line  between 
ranges  three  and  four  east;  thence  south  on  the  line  be- 
tween ranges  three  and  four  east  to  the  first  standard  north; 
thence  west  along  said  standard  to  the  line  between  ranges 
two  and  three  east ;  thence  south  on  the  line  between  ranges 
two  and  three  east  to  the  corner  common  to  townships  three 
and  four  north ;  thence  west  between  townships  three  and 
four  north  to  the  line  between  ranges  one  and  two  east; 
thence  south  on  line  between  ranges  one  and  two  east  to  the 
corner  common  to  townships  one  and  two  north ;  thence  east 
to  the  line  between  ranges  two  and  three  east ;  thence  north 
between  ranges  two  and  three  east  to  the  comer  common  to 
townships  two  and  three  north ;  thence  east  on  said  town- 
ship line  to  the  line  between  ranges  four  and  five  east ;  thence 
south  on  the  line  between  ranges  four  and  five  east  to  the 
corner  common  to  townships  one  and  two  south  of  the  Mount 
Diablo  base  line ;  thence  east  between  townships  one  and 
two  south  to  the  line  between  ranges  five  and  six  east ;  thence 
south  on  said  range  line  to  the  corner  common  to  townships 
seven  and  eight  south ;  thence  east  on  the  line  between  town- 
ships seven  and  eight  south  to  the  line  between  ranges  six 
and  seven  east ;  thence  south  on  said  range  line  to  the  cor- 
ner common  to  townships  nine  and  ten  south ;  thence  east 
to  the  line  between  ranges  seven  and  eight  east ;  thence  south 
to  the  corner  common  to  townships  ten  and  eleven  south ; 
thence  east  on  Line  between  townships  ten  and  eleven  south 
to  the  line  between  ranges  eight  and  nine  east ;  thence  south 
on  said  range  line  to  the  intersection  of  the  third  standard 
south  ;  thence  east  along  said  standard  to  the  line  between 


LAND    DISTEICTS    AND    OFFICERS.  35 

ranges  nine  and  ten  east ;  tbence  on  said  range  line  to  the 
corner  common  to  townships  thirteen  and  fourteen  south ; 
thence  east  on  the  line  between  townships  thirteen  and  four- 
teen south  to  the  line  between  ranges  ten  and  eleven  east; 
thence  south  between  ranges  ten  and  eleven  east  to  the  cor- 
ner common  to  townships  fifteen  and  sixteen  south  ;  thence 
east  on  the  line  between  townships  fifteen  and  sixteen  south 
to  the  line  between  ranges  eleven  and  twelve  east ;  thence 
south  to  the  fourth  standard  south  ;  thence  east  along  said 
standard  to  the  line  between  ranges  twelve  and  thirteen 
east ;  thence  south  on  said  range  line  to  the  corner  common 
to  townships  eighteen  and  nineteen  south;  thence  east  along 
said  township  line  to  the  line  between  ranges  thirteen  and 
fourteen  east ;  thence  south  to  the  fifth  standard  line  south ; 
thence  east  along  said  standard  line  to  the  line  between 
ranges  fourteen  and  fifteen  east ;  thence  south  to  the  cor- 
ner common  to  townships  twenty-two  and  twenty-three 
south  ;  thence  east  on  the  line  between  townships  twenty- 
two  and  twenty-three  south  to  the  line  between  ranges  fif- 
teen and  sixteen  east ;  thence  south  on  said  range  line  to 
the  corner  common  to  townships  twenty-thiee  and  twenty- 
four  south;  thence  east  on  said  township  line  to  the  line  be- 
tween ranges  sixteen  and  seventeen  east ;  thence  south  on 
said  range  line  to  the  corner  common  to  townships  twenty- 
six  and  twenty-seven  south ;  thence  east  on  said  township 
line  to  the  line  between  ranges  seventeen  and  eighteen  east; 
thence  south  between  said  ranges  to  the  corner  common  to 
townships  twenty-seven  and  twenty-eight  south;  thence 
east  on  the  line  between  said  townships  to  the  line  between 
ranges  eighteen  and  nineteen  east;  thence  south  on  said 
range  line  to  the  seventh  standard  line  south  of  the  base 
line ;  thence  east  along  said  standard  line  to  the  line  between 
ranges  nineteen  and  twenty  east;  thence  south  on.  said 
range  line  to  the  corner  common  to  townships  twenty-nine 
and  thirty  south ;  thence  east  on  said  township  line  to  the 
line  between  ranges  twenty  and  twenty-one  east;  thence 
south  on  said  range  line  to  the  corner  common  to  townships 
thirty  and  thirty-one  south ;  thence  east  on  said  township 
line  to  the  line  between  ranges  twenty-one  and  twenty-two 
east;  thence  south  on  said  range  line  to  the  corner 'common 
to  townships  thirty-one  and  thirty-two  south ;  thence  east 
on  line  between  townships  thirty- one  and  thirty-two  south 
to  the  line  between  ranges  twenty-two  and  twenty-three 
east ;  thence  south  to  the  eighth  standard  line  south  ;  thence- 
east  along  said  standard  line  of  the  Mount  Diablo  base  line 
to  the  line  between  ranges  twenty-three  and  twenty-four 
west  of  the  San  Bernardino  meridian  ;  thence  south  on  said 
range  line  to  the  corner  common  to  townships  ten  and  eleven 
north  of  the  San  Bernardino  base  line;  thence  east  on  line 
between  said  townships  to  the  line  between  ranges  twenty 
and  twenty-one  west ;  thence  south  on  said  range  line  to  the 
first  standard  north  of  the  San  Bernardino  base  line ;  thence 
west  along  said  standard  line  to  the  Pacific  Ocean,  and 
thence  northwesterlj'  along  the  ocean  to  the  place  of  begin- 
ning. 


86  LAND    DISTRICTS    AND    OFFICERS. 

Marysville 

T.and  district  iiu'liidos  all  that  jxn-tion  of  the  State  of  Cali- 
I'oniia  situated  within  the  tbllo\viii<;-  boniidaries:  Cotmueuc- 
iu'^  at  a  ])oiiit  on  the  lii'th  staiulard  pai'allcl  iioith,  betweeu 
ranges  seven  and  eij;ht  west,  of  IMount  Diablo  meridian; 
thence  sonth  with  said  ranj^e  line  to  the  line  between  town- 
ships nineteen  and  twenty  north  ;  thence  east  with  said  lino 
to  the  line  between  ranj^es  six  and  seven  west ;  thence  south 
with  said  line  to  the  line  between  townships  sixteen  and  sev- 
enteen north  ;  thence  east  with  said  line  to  the  line  betw^eeu 
ranges  live  and  six  west;  thence  south  with  said  line  to  the 
line  between  townships  twelve  and  thirteen  north ;  thence 
east  with  said  line  to  the  line  between  ranges  four  and  five 
w^est ;  thence  south  with  said  line  to  the  line  between  town- 
ships nine  and  ten  north;  thence  east  with  said  line  to  the 
line  between  ranges  three  and  four  west ;  thence  south  with 
the  said  Une  to  the  line  betweeu  townships  seven  and  eight 
north  ;  thence  east  with  said  line  to  the  line  between  ranges 
three  and  four  east ;  thence  north  with  said  line  to  the  line 
between  townships  eleven  and  twelve  north ;  thence  east 
with  said  line  to  the  line  between  ranges  four  and  tiveeast; 
thence  north  with  said  line  to  the  line  between  townships 
twelve  and  thirteen  north ;  thence  east  with  said  line  to  the 
line  between  ranges  five  and  six  east;  thence  north  with 
said  line  to  the  line  between  townships  thirteen  and  four- 
teen north ;  thence  east  with  said  line  to  the  line  between 
ranges  six  and  seven  east ;  thence  north  with  said  line  to 
the  line  between  townships  sixteen  and  seventeen  north ; 
thence  east  with  said  line  to  the  line  between  ranges  eight 
and  nine  east;  thence  north  with  said  line  to  the  line 
between  townships  nineteen  and  twenty  north ;  thence  east 
with  said  line  to  the  line  between  ranges  nine  and  t^n  east; 
thence  north  with  said  line  to  the  fourth  standard  parallel 
north ;  thence  east  with  said  parallel  to  the  line  between 
ranges  ten  and  eleven  east ;  thence  north  with  said  line  to 
the  line  between  townships  twenty-one  and  twenty-two 
north ;  thence  east  with  said  line  to  the  line  between  ranges 
eleven  and  twelve  east ;  thence  north  with  said  line  to  line 
between,  townships  twenty-three  and  twenty-four  north; 
thence  w^est  with  said  line  to  the  line  betw^een  ranges  eight 
and  nine  east;  thence  north  with  said  line  to  the  fifth  stand- 
ard parallel  north ;  thence  west  with  said  parallel  to  the 
line  between  ranges  five  and  six  east;  thence  north  with 
said  line  to  the  line  between  townships  twenty-six  and 
twenty-seven  north ;  thence  west  with  said  line  to  the  line 
between  ranges  four  and  five  east;  thence  south  with  said 
line  to  the  fifth  standard  parallel  north ;  thence  west  on 
said  i>arallel  to  the  place  of  beginning. 

Humboldt 

Land  district  includes  all  that  portion  of  the  State  of  Cali- 
fornia lying  west  of  the  line  between  ranges  ten  and  eleven 
west  of  Mount  Diablo  meridian,  and  north  of  the  line  between 
townships  twenty-four  and  twenty-five  north.  Mount  Diablo 
base  line. 


LAND    DISTRICTS    AND    OFFICERS.  37 

Stockton 

Laud  district  is  bounded  as  follows :  Beginning  at  the  north- 
west corner  of  township  five  north,  range  five  east  of  the 
Mount  Diablo  meridian,  and  running  thence  east  along  the 
first  standard  north  to  the  line  between  ranges  nine  and  ten 
east ;  thence  south  to  the  corner  of  townships  three  and  four 
north,  ranges  nine  and  ten  east ;  thence  east  to  the  line  be- 
tween ranges  seventeen  and  eighteen  east ;  thence  north  to 
the  corner  of  townships  four  and  five  north,  ranges  seven- 
teen and  eighteen  east;  thence  east  to  the  line  between 
ranges  twenty-two  and  twenty- three  east ;  thence  south  to 
the  first  standard  south  of  the  Mount  Diablo  baseline ;  thence 
east  along  said  standard  line  to  the  line  between  ranges 
twenty-six  and  twenty-seven  east ;  thence  south  to  the  third 
standard  south ;  thence  west  along  said  standard  to  the  line 
between  ranges  eight  and  nine  east ;  thence  north  to  the 
corner  of  townships  ten  and  eleven  south ;  thence  west  to 
the  line  between  ranges  seven  and  eight  east ;  thence  north 
to  the  corner  of  towushii)s  nine  and  ten  south ;  thence  west 
to  the  line  between  ranges  six  and  seven  east;  thence  north 
to  the  corner  of  townships  seven  and  eight  south ;  thence 
west  to  the  line  between  ranges  five  and  six  east ;  thence 
north  to  the  corner  of  townships  one  and  two  south ;  thence 
west  to  the  line  between  ranges  four  and  five  east;  and 
thence  north  to  the  place  of  beginning. 

Visalia 

Land  district  is  bounded  as  follows :  Beginning  at  the  north- 
west corner  of  township  thirteen  south,  range  ten  east,  of 
the  Mount  Diablo  meridian,  running  thence  east  along  the 
third  standard  parallel  south  to  the  line  between  ranges 
thirty-two  and  thirty-three  east;  thence  south  with  said 
line  to  the  eighth  standard  parallel  south;  thence  west 
along  said  parallel  to  the  line  between  ranges  twenty-two 
and  twenty-three  east ;  thence  north  with  said  line  to  the 
line  between  townships  thirty-one  and  thirty-two  south ; 
thence  west  with  said  line  to  the  line  between  ranges  twenty- 
one  and  twenty-two  east ;  thence  north  with  said  line  to  the 
line  between  townships  thirty  and  thirty-one  south;  thence 
west  with  said  line  to  the  line  between  ranges  twenty  and 
twenty-one  east;  thence  north  with  said  line  to  the  line 
between  townships  twenty-nine  and  thirty  south ;  thence 
west  with  said  line  to  the  line  between  ranges  nineteen  and 
twenty  east ;  thence  north  with  said  line  to  the  seventh 
standard  parallel  south;  thence  west  with  said  parallel  to 
the  line  between  ranges  eighteen  and  nineteen  east ;  thence 
north  with  said  line  to  the  lino  between  townships  twenty- 
seven  and  twenty-eight  south ;  thence  west  with  said  line 
to  the  line  between  ranges  seventeen  and  eighteen  east ; 
thence  north  with  said  line  to  the  line  between  townships 
twenty-six  and  twenty-seven  south  ;  thence  west  with  said 
line  to  the  line  between  ranges  sixteen  and  seventeen  east; 
thence  nortb  with  said  line  to  tlie  line  between  townships 
twenty-three  and  twenty-four  south ;  thence  west  with  said 


38  LAND    DIS'IKICTS    AND    OFFICERS. 

liiu'  to  tlio  lino  hotwoon  i;mj;('s  lit'tccn  and  sixteen  east; 
iIk'mcc  north  with  said  Hne  to  the  line  between  townships 
twtMily-two  antl  twenty-three  soutli;  thence  west  with  said 
line  \o  the  line  between  ranjj^es  I'oniteen  and  lil'teen  east; 
thenee  north  with  said  line  to  the  lil'th  standard  parallel 
south  ;  thenee  west  alonj*-  said  parallel  to  the  line  between 
ranjies  thirteen  and  fourteen  east;  thenee  north  with  said 
line  to  the  line  between  townships  eighteen  and  nineteen 
south  ;  thence  west  with  said  line  to  the  line  between  ranges 
twelve  and  thirteen  east;  thence  north  with  said  line  to 
the  fourth  standard  parallel  south;  thence  west  along  said 
parallel  to  the  line  between  ranges  eleven  and  twelve  east; 
thenee  north  with  said  line  to  the  line  between  townships 
fifteen  and  sixteen  south;  thence  west  with  said  line  to  the 
line  between  ranges  ten  and  eleven  east;  thence  north  with 
said  line  to  the  line  between  townships  thirteen  and  fourteen 
south ;  thence  west  with  said  line  to  the  line  between  ranges 
nine  and  ten  east ;  thence  north  with  said  line  to  the  place 
of  beginning. 

Sacramento 

Laud  district  includes  all  that  portion  of  the  State  of  Cali- 
fornia situated  within  the  following  described  boundaries : 
Commencing  at  a  point  where  the  northern  boundary  of 
township  nineteen  north,  Mount  Diablo  base  line,  intersects 
the  eastern  boundary  of  the  State  of  California;  thence 
west  along  said  township  line  to  the  line  between  ranges 
thirteen  and  fourteen  east ;  thence  north  Avith  said  line  to 
the  line  between  townships  twenty-one  and  twenty-two 
north ;  thence  west  with  said  line  to  the  line  between  ranges 
ten  and  eleven  east;  thence  south  with  said  line  to  the 
foui"th  standard  parallel  north;  thence  west  with  said 
standard  to  the  line  between  ranges  nine  and  ten  east; 
thence  south  with  said  line  to  the  line  between  townships 
nineteen  and  twenty  north ;  thence  west  with  said  line  to 
the  line  between  ranges  eight  and  nine  east;  thence  south 
with  said  line  to  the  line  between  townships  sixteen  and 
seventeen  north;  thence  Avest  with  said  line  to  the  line 
between  ranges  six  and  seven  east ;  thence  south  with  said 
line  to  the  line  between  townships  thirteen  and  fourteen 
north ;  thence  west  with  said  line  to  the  line  between  ranges 
five  and  six  east ;  thence  south  with  said  line  to  the  line 
between  townships  twelve  and  thirteen  north ;  thence  west 
with  said  line  to  the  line  between  ranges  four  and  five  east; 
thence  south  with  said  line  to  the  line  between  townships 
eleven  and  twelve  north  ;  thence  west  with  said  line  to  the 
line  between  ranges  three  and  four  east ;  thence  south  with 
said  line  to  the  first  standard  parallel  north ;  thence  west 
with  said  parallel  to  the  line  between  ranges  two  and  three 
east ;  thence  south  with  said  line  to  the  line  between  town- 
ships three  and  four  north ;  thence  west  with  said  line  to 
the  line  between  ranges  one  and  two  east;  thence  south 
with  said  line  to  the  line  between  townships  one  and  two 
north;  thence  east  with  said  line  to  the  line  between 
ranges  two  and  three  east ;  thence  north  with  said  line  to 


LAND    DISTRICTS    AND    OFFICERS.  39 

the  line  between  townships  two  and  three  north;  thence 
east  with  said  line  to  the  line  between  ranges  four  and  five 
east ;  thence  north  with  said  line  to  the  first  standard  par- 
allel north;  thence  east  along  said  parallel  to  the  line 
between  ranges  nine  and  ten  east ;  thence  south  with  sa^id 
line  to  the  line  between  townsbijis  ^^ir2b  uiia  i'ouv  north; 
thence  east  with  said  line  to  the  line  between  ranges  seven- 
teen and  eighteen  east;  thence  north  with  said  line  to  the 
line  between  townships  four  and  five  north;  thence  east 
with  said  line  to  the  line  between  ranges  twenty-two  and 
twenty-three  east ;  thence  north  with  said  line  to  the  inter- 
section of  the  eastern  boundary  of  California ;  thence  north- 
westerly with  the  eastern  boundary  of  Cahfornia  to  the 
intersection  of  the  boundary  with  the  thirty-ninth  iiarallel 
of  north  latitude ;  thence  north  with  said  eastern  boundary 
to  the  place  of  beginning. 

Bodie 

Land  district  includes  all  that  i)ortion  of  the  State  of  Cali- 
fornia situated  within  the  following  boundaries :  Commenc- 
ing at  a  point  on  the  eastern  boundary  of  the  State  of  Cali- 
fornia, where  the  line  between  ranges  twenty-two  and  twenty- 
three  east,  Mount  Diablo  meridian,  intersects  said  boundary; 
tlience  south  with  saidrange  line  to  the  flrststandard  parallel 
south ;  thence  east  along  said  parallel  to  the  line  between 
ranges  twenty-sis  and  twenty-seven  east;  thence  south  with 
said  line  to  the  intersection  of  the  third  standard  parallel 
south ;  thence  east  along  said  parallel  to  the  line  between 
ranges  thirty -two  and  thirty-three  east;  thence  south  with 
said  range  line  to  the  intersection  of  the  eighth  standard 
parallel  south  ;  thence  east  with  said  parallel  to  the  inter- 
section of  the  San  Bernardino  meridian ;  thence  south  to  the 
corner  of  townships  eleven  and  twelve  north  of  San  Ber- 
nardino base  line;  thence  east  to  the  intersection  of  the 
eastern  boundary  of  the  State  of  California ;  thence  north- 
westerly with  said  boundary  to  the  place  of  beginning. 

1 

Los  Angeles 

Land  district  is  bounded  as  follows :  Beginning  at  a  point 
of  the  intersection  of  the  first  standard  north  of  the 
San  Bernardino  base  line  with  the  Pacific  Ocean ;  thence 
east  along  said  standard  line  to  the  line  between  ranges 
twenty  and  twenty-one  west  of  the  San  Bernardino  merid- 
ian ;  thence  north  to  the  corner  of  townships  ten  and  eleven 
north ;  thence  west  to  the  line  between  ranges  twenty-three 
and  twenty-four  west ;  thence  north  with  said  range  line  to 
the  intersection  of  the  eighth  standard  line  south  of  the 
Mount  Diablo  base  line ;  thence  east  with  said  standard 
line  to  the  intersection  of  the  San  Bernardino  meridian; 
thence  south  to  the  corner  of  townships  eleven  and  twelve  • 

north  of  San  Bernardino  base  line ;  thence  east  to  the  inter- 
section of  the  eastern  boundary  of  the  State  of  California; 
thence  in  a  southeasterly  direction  with  said  boundary  to 
the  intersection  of  the  Colorado  Eiver  of  the  West ;  thence 


40  LAND    DISTRICTS    AND    OFFICERS. 

(loAvn  said  river  to  tlio  inttMsoclioii  of  the  boundary  betAVoen 
the  Tnitod  States  and  Mexie(-;  tlieiiee  southwcstorly  with 
said  boundary  to  tlie  Pacilie  Oeean;  and  thence  in  a.  north- 
westerly direi'tiou  aU)ng-  the  oc'ean  to  the  pUice  of  beginning. 

Sbwstii 

Land  district  is  bounded  as  follows :  Beginning  on  the  north- 
ern boundary  of  the  State  of  California,  where  the  line  be- 
tween ranges  ten  and  eleven  Avest  of  the  Mount  Diablo  me- 
ridian intersects  said  boundary;  thence  east  with  said 
boundary  to  the  intersection  of  the  line  between  ranges  five 
and  six  east ;  thence  south  on  said  range  line  to  the  corner 
of  townshii)s  thirty  and  thirty-one  north ;  thence  west  to 
the  lino  between  langes  four  and  live  east ;  thence  south  to 
the  fifth  standard  north  of  the  Mount  Diablo  base  line; 
thence  west  along  said  standard  line  to  the  line  between 
ranges  ten  and  eleven  west;  and  thence  north  with  said 
range  line  to  the  north  boundary  of  the  State,  the  point  of 
beginning. 

Susanville 

Land  district  is  bounded  as  follows :  Beginning  at  a  point 
■where  the  north  boundary  of  township  nineteen  north, 
Mount  Diablo  base  line,  intersects  the  eastern  boundary  of 
the  State  of  California  ;  thence  west  on  the  north  boundary 
of  township  nineteen  north  to  the  corner  of  townships  nine- 
teen and  twenty  north,  ranges  thirteen  and  fourteen  east ; 
thence  north  to  the  corner  of  townships  twenty-one  and 
twenty-two  north,  ranges  thirteen  and  fourteen  east ;  thence 
west  to  the  corner  of  townships  twenty-one  and  twenty-two 
north,  ranges  eleven  and  twelve  east ;  thence  north  to  the 
comer  of  townships  twenty-three  and  twenty-four  north, 
ranges  eleven  and  twelve  east ;  thence  west  to  the  corner  of 
townships  twenty-three  and  twenty-four  north,  ranges  eight 
and  nine  east;  thence  north  to  the  corner  of  townships 
twenty-five  and  twenty-six  north,  ranges  eight  and  nine  east; 
thence  west  to  the  corner  of  townships  twenty-five  and 
twenty-six  north,  ranges  five  and  six  east;  thence  north 
between  ranges  five  and  six  east  to  the  corner  of  townships 
twenty-six  and  twenty-seven  north,  ranges  five  and  six  east; 
thence  west  to  the  corner  of  townships  twenty-six  and 
twenty-seven  north,  ranges  four  and  five  east ;  thence  north 
to  the  corner  of  townships  thirty  and  thirty-one  north, 
ranges  four  and  five  east ;  thence  east  to  the  corner  of  town- 
ships thirty  and  thirty-one  north,  ranges  five  and  six  east; 
thence  north  along  said  range  hne  to  the  northern  boundary 
of  the  State  of  California ;  thence  east  with  the  said  bound- 
ary to  the  intersection  of  the  eastern  boundary  of  the  State; 
and  thence  south  along  the  eastern  boundary  to  the  place 
of  beginning. 

•  NEVADA. 

Carson 

Land  district  includes  all  that  portion  of  the  State  of  Nevada 
situated  within  the  following  described  boundaries :  Com- 


LAND    DISTEICTS   AND    OFFICERS.  41 

mencing  at  the  northwest  corner  of  the  State  of  Nevada ; 
thence  east  with  the  north  boundary  of  the  State  to  the 
intersection  of  the  line  between  ranges  forty-four  and  forty- 
five  east  of  the  Mount  Diablo  meridian ;  thence  south  on 
said  range  line  to  the  corner  of  townships  twenty-four  and 
twenty-five  north  of  the  Mount  Diablo  base  line;  thence 
west  to  the  line  between  ranges  thirty -nine  and  forty  east ; 
thence  south  along  said  range  line  to  the  eastern  boundary 
of  California ;  thence  northwesterly  with  the  eastern  bound- 
ary of  California  to  the  intersection  of  the  boundary  with 
the  thirty-ninth  parallel  of  north  latitude;  thence  north 
with  the  eastern  boundary  of  California  to  the  place  of 
beginning. 

Eureka 

Land  district  includes  all  that  portion  of  the  State  of  Nevada 
lying  south  and  east  of  the  following  described  boundaries: 
Beginning  at  the  northeast  corner  of  the  State  of  Nevada; 
thence  west  with  the  aorth  boundary  of  the  State  to  the 
intersection  of  the  line  between  ranges  torty-four  and  forty- 
five  east  of  the  Mount  Diablo  meridian ;  thence  south  on 
said  range  line  to  the  corner  of  townships  twenty-four  and 
twenty-five  north  of  the  Mount  Diablo  base  line;  thence 
west  to  the  line  between  ranges  thirty-nine  and  forty  east; 
thence  south  along  said  range  line  to  the  eastern  boundary 
of  the  State  of  California. 

WASHINGTON  TERRITORY. 

Olympia 

Land  district  is  bounded  as  follows :  Beginning  on  the  bound- 
ary line  between  the  United  States  and  the  British  posses- 
sions, and  on  the  summit  of  the  Cascade  Mountains,  at  the 
nearest  range  line  to  the  east  line  of  range  twelve  east  of 
the  Willamette  meridian ;  thence  south  on  the  nearest  range 
lines  on  the  summit  of  said  mountains  to  the  line  dividing 
townships  ten  and  eleven  north  of  the  base  line;  thence 
west  to  the  line  dividing  ranges  six  and  seven  west ;  thence 
north  on  said  range  line  to  the  third  standard  parallel; 
thence  west  to  Shoal  Water  Bay ;  thence  with  the  Shoal 
Water  Bay  to  the  Pacific  Ocean  ;  thence  northwesterly  with 
the  ocean  to  the  Strait  of  Juan  de  Fuca ;  and  thence  along 
the  boundary  line  between  the  United  States  and  British 
possessions,  running  through  the  said  strait  and  that  of  De 
Harro,  to  the  intersection  of  the  forty-ninth  parallel  of  north 
latitude;  and  thence  due  east  along  said  parallel  to  the 
place  of  beginning. 

Walla-Walla 

Land  district  includes  all  that  portion  of  Washington  Terri- 
tory situated  within  the  following  described  boundaries: 
Commencing  at  the  southeast  corner  of  the  Territory  of 
Washington  at  a  point  where  the  forty-sixth  parallel  of  north 
latitude  crosses  the  Snake  Eiver ;  thence  west  along  said 
parallel  to  the  Columbia  River ;  thence  down  the  Columbia 
River  to  the  intersection  of  range  line  nineteen  and  twenty 


42  LAND    DISIKICTS    AM)    OKKICKRS. 

cast  of  Willamotto  nu'riiliau ;  (lit'iu-c  iiDitli  on  said  range 
lino  to  tlio  lini'  bi'twron  t()\vnslui)s  six  and  seven  north; 
thonoo  east  with  said  lino  to  the  line  between  ranges  twenty- 
seven  and  twenty-eight  east;  thenee  north  with  said  line  to 
the  line  between  townships  sixteen  and  seventeen  north; 
thenee  east  Mith  said  line  to  the  Colund)ia  gnido  meridian; 
thenee  sonth  with  said  meridian  to  the  lino  between  town- 
ships twelve  and  tliiiteen  north;  thence  east  with  said  lino 
to  its  intersection  with  Snake  Kiver;  thence  np  Snake  Kiver 
to  its  intersection  with  the  eastern  boundary  of  Washington 
Territory ;  thence  continuing  up  Snake  Kiver  to  the  place 
of  beginning. 

Colfax. 

Colfax  land  district  includes  all  that  portion  of  Washington 
Territory  situated  within  the  following  described  boundaries: 
Commencing  at  a  point  where  the  Columbia  guide  meridian 
intersects  the  third  standard  ]iarallel  in  said  Territory; 
thence  east  along  the  line  of  said  standard  parallel  to  where 
the  same  intersects  the  Snake  River ;  thence  up  said  Snake 
Eiver  to  where  the  same  intersects  the  boundary  line  be- 
tween Washington  and  Idaho  Territory;  thence  north  on 
said  boundary  line  to  where  the  same  intersects  the  bound- 
ary line  between  Washington  Territory  and  British  Colum- 
bia; thence  west  along  said  line  to  where  the  same  intersects 
the  aforementioned  Columbia  guide  meridian;  thence  south 
along  the  line  of  said  meridian  to  the  i)lace  of  beginning. 

Yakima 

Land  district  is  bounded  by  a  line  commencing  at  a  point 
of  the  intersection  of  the  Uue  between  townships  six  and 
seven  north,  and  between  ranges  twenty-seven  and  twenty- 
eight  east  of  the  Willamette  meridian ;  and  running  westerly 
along  said  line  between  townships  six  and  seven  north  to 
the  suipmit  of  the  Cascade  Mountains;  thence  northerly 
along  said  summit  to  the  boundary  line  between  the  United 
States  and  British  Columbia ;  thence  east  along  said  line 
to  the  Columbia  guide  meridian ;  thence  south  on  said  me- 
ridian to  the  line  between  townships  sixteen  and  seventeen 
north ;  thence  west  along  said  line  to  the  line  between  ranges 
twenty-seven  and  twenty-eight  east;  thence  south  along 
said  line  to  the  place  of  beginning. 

Vancouver 

Land  district  includes  all  that  portion  of  Washington  Terri- 
tory situated  within  the  following  described  boundaries: 
Commencing  at  a  point  where  the  line  between  townships 
twelve  and  thirteen  north  intersects  Shoal  AVater  Bay; 
thence  with  the  Shoal  Water  Bay,  including  any  islands 
therein,  to  the  Pacific  Ocean ;  thence  southerly  w^ith  the 
ocean  to  the  mouth  of  Columbia  River;  thence  up  the  river 
to  the  point  op])osite  the  line  between  ranges  nineteen  and 
twenty  east  of  the  Willamette  meridian  ;  thence  north  with 
said  range  line  to  the  corner  common  to  townships  six  and 
seven  north ;  thence  west  with  said  line  to  the  summit  of 


LAND    DISTRICTS    AND    OFFICERS.  43 

tlie  Cascade  Mountains ;  tlience  northerly  along  said  sum- 
mit to  the  line  between  townships  ten  and  eleven  north  j 
thence  west  along  said  line  to  the  line  between  ranges  six 
and  seven  west;  thence  north  on  said  line  to  the  intersec- 
tion of  the  third  standard  parallel  north ;  thence  west  with 
said  standard  j)arallel  to  the  place  of  beginning. 

MINNESOTA. 

Taylor's  Falls 

Land  district  is  bounded  as  follows :  Beginning  at  a  point 
where  the  northern  boundary  of  townshij)  forty-five  north 
of  the  base  line  and  fourth  principal  meridian  intersects  the 
boundary  between  the  States  of  Minnesota  and  Wisconsin ; 
thence  south  along  said  boundary  to  the  intersection  of  the 
Saint  Croix  River ;  thence  down  with  said  river  to  its  mouth ; 
thence  up  the  Mississippi  Eiver  to  the  intersection  of  the 
line  between  ranges  twenty- seven  and  twenty-eight  west  of 
the  fourth  principal  meridian  with  said  river ;  thence  north 
with  said  range  line  to  the  corner  of  townships  forty-five  and 
forty-six  north ;  and  thence  east  to  the  place  of  beginning. 

Saint  Cloud 

Land  district  is  bounded  as  follows :  Beginning  at  a  point 
of  intersection  of  the  fifth  standard  parallel  north  of  the  base 
line  with  the  line  between  ranges  thirty -five  and  thirty-six 
west  of  the  fifth  principal  meridian ;  thence  north  with  the 
said  range  line  to  the  boundary  line  between  the  United 
States  and  British  possessions  ;  thence  east  and  southeast- 
erly along  said  boundary  to  the  intersection  of  the  line  be- 
tween ranges  twenty-three  and  twenty -four  west  of  the  fourth 
i:)rincipal  meridian  ;  thence  south  with  said  range  line  to  the 
corner  of  townships  forty-five  and  forty-six  north ;  thence 
west  to  the  line  between  ranges  twenty-seven  and  twenty- 
eight  west ;  thence  south  with  said  range  line  to  the  Mis- 
sissippi River;  thence  up  the  river  to  the  intersection  of  the 
line  between  ranges  twenty-four  and  twenty-five  west  of  the 
fifth  principal  meridian  with  said  river;  thence  south  on  the 
line  between  ranges  twenty-four  and  twenty -five  west  to  the 
intersection  of  the  fifth  standard  parallel  north ;  thence  west 
with  said  standard  parallel  to  the  place  of  beginning. 

Du  Luth 

Land  district  is  bounded  as  follows :  Commencing  at  a  cor- 
ner common  to  townships  forty-five  and  forty-six  north, 
ranges  twenty -three  and  twenty -four  west  of  the  fourth  prin- 
cipal meridian ;  thence  north  with  said  range  line  to  the  in- 
tersection of  the  boundary  line  between  the  United  States 
and  the  British  possessions ;  thence  eastwardly  with  said 
boundary  to  Lake  Superior ;  thence  southwesterly  with  said 
lake  to  the  mouth  of  Saint  Louis  River ;  thence  up  said  river 
to  the  intersection  of  the  boundary  line  between  Wisconsin 
and  Minnesota;  thence  south  along  said  boundary  line  to 
the  intersection  of  the  line  between  townships  forty-five  and 
forty-six  north ;  and  tlience  west  between  townships  forty- 
five  and  forty-six  north  to  the  place  of  beginning. 


44  LAND    DISTRICTS    AND    OrFICERS. 

Fergus  Falls 

Land  district  is  bduudcd  as  follows:  On  the  east  by  the  lino 
between  ran.<:;('s  thirty-hvc  and  tliirty-six  west  of  the  fifth 
principal  meridian;  on  the  north  by  the  ninth  standard  par- 
allel north  of  the  base  line ;  on  the  south  by  the  sixth  stand- 
ard jiarallel  north  ;  and  on  the  west  by  the  western  boundary 
of  the  State  of  Minnesota. 

Worthington. 

Root  River  land  district  is  bounded  on  the  south  by  the 
boundary  line  between  the  States  of  Iowa  and  Minnesota;  on 
the  west  by  the  western  boundary  of  the  State  of  Minnesota ; 
on  the  north  by  the  line  between  townships  one  hundred 
and  five  and  one  hundred  and  six  north ;  and  on  the  east  by 
the  Mississippi  River. 

Tracy. 

"Winona  land  district  is  bounded  on  the  north  by  the  line 
between  towushiiJS  one  hundred  and  ten  and  one  hundred 
and  eleven  north ;  on  the  south  by  the  line  between  town- 
ships one  hundred  and  five  and  one  hundred  and  six  north 
of  the  base  line ;  on  the  east  by  the  Mississippi  River ;  and 
on  the  west  by  the  western  boundary  of  the  State  of  Min- 
nesota. 

Benson 

Land  district  is  bounded  as  follows :  Beginning  on  the  Mis- 
sissippi River  at  a  point  of  the  intersection  of  the  south 
boundary  of  township  twenty-seven  north  of  the  base  line 
fourth  principal  meridian  with  said  river ;  thence  west  on 
said  township  line  to  the  southwest  corner  of  township 
twenty-seven  north,  range  twenty-four  west  of  the  fourth 
principal  meridian ;  thence  north  to  the  intersection  of  the 
line  between  townships  one  hundred  and  fifteen  and  one 
hundred  and  sixteen  north ;  thence  west  with  said  town- 
ship line  to  the  western  boundary  of  Minnesota;  thence 
north  with  the  western  boundary  of  the  State  of  Minnesota 
to  the  intersection  of  the  said  boundary  with  the  sixth  stand- 
ard parallel  north ;  thence  east  with  said  standard  parallel 
to  the  intersection  of  the  hue  between  ranges  thirty-five  and 
thirty-six  west  of  the  fifth  principal  meridian ;  thence  south 
along  said  range  line  to  the  intersection  of  the  fifth  stand- 
ard parallel  north ;  thence  east  with  the  said  standard 
parallel  to  the  third  guide  meridian  west  of  the  fifth  prin- 
cipal meridian ;  thence  north  with  said  third  guide  meridian 
to  the  Mississippi  River ;  thence  down  the  Mississippi  River 
to  the  place  of  begmning. 

Redwood  Falls 

Land  district  is  bounded  on  the  south  by  the  line  between 
townships  one  hundred  and  ten  and  one  hundred  and  eleven 
north ;  on  the  west  by  the  western  boundary  of  the  State  of 
Minnesota ;  on  the  north  by  the  line  between  townships  one 
hundred  and  fifteen  and  one  hundred  and  sixteen  north, 


LAND    DISTKICTS   AND    OFFICERS.  45 

extending  east  from  the  western  boundary  of  the  State  of 
Minnesota  to  the  intersection  of  the  western  boundary  of 
township  twenty-seven  north,  range  twenty-four  west  of  the 
fourth  principal  meridian ;  thence  south  with  said  west 
boundary  of  township  twenty-seven  north  to  the  southwest 
corner  thereof;  thence  east  with  the  south  boundary  of  town- 
ship twenty-seven  north  to  the  Mississippi  Eiver ;  thence 
down  the  Mississippi  Eiver  to  the  intersection  of  the  line 
between  townships  one  hundred  and  ten  and  one  hundred 
and  eleven  north  of  the  base  line. 

Orookston 

Land  district  embraces  all  that  part  of  the  State  of  Minne- 
sota which  lies  north  of  township  number  one  hundred  and 
thu'ty-six  north  and  west  of  range  number  thirty-five  west 
of  the  fifth  principal  meridian. 

OREGON. 

Oregon  City 

Land  district  includes  all  that  portion  of  the  State  of  Oregon 
situated  within  the  following  boundaries :  Commencing  at 
the  mouth  of  the  Alsea  River ;  thence  easterly  with  said 
river  to  its  intersection  with  the  third  standard  parallel 
south  between  townships  thirteen  and  fourteen  south ;  thence 
east  with  said  parallel  to  the  line  between  ranges  eight  and 
nine  east  of  Willamette  meridian ;  thence  north  with  said 
range  line  to  Columbia  Eiver ;  thence  down  said  river  to  the 
Pacific  Ocean ;  thence  with  the  ocean  to  the  place  of  begin- 
ning. 

Roseburgh 

Land  district  includes  all  that  portion  of  the  State  of  Oregon 
situated  within  the  following  boundaries :  Beginning  on  the 
southern  boundary  of  the  State  of  Oregon  where  the  line 
between  ranges  five  and  six  east  of  the  Willamette  merid- 
ian intersects  said  boundary ;  thence  north  with  said  range 
line  to  the  fourth  standard  i)arallel  south  between  townships 
eighteen  and  nineteen  south ;  thence  east  with  said  parallel 
to  the  line  between  ranges  eight  and  nine  east ;  thence  north 
with  said  range  line  to  the  third  standard  iiarallel  south  be- 
tween townships  thirteen  and  fourteen  south ;  thence  west 
with  said  parallel  to  its  intersection  with  Alsea  Eiver; 
thence  with  said  river  to  the  Pacific  Ocean;  and  thence 
along  the  ocean  to  the  south  boundary  of  Oregon ;  thence 
east  with  said  south  boundary  of  Oregon  to  the  place  of 
beginning. 

Lake  View 

Land  district  includes  all  that  portion  of  the  State  of  Oregon 
lying  south  of  the  fourth  standard  parallel  south,  between 
townsliips  eighteen  and  nineteen  south,  and  east  of  the  me- 
rid"-i:i  line  between  ranges  five  and  six  east  of  the  WLUa- 
mette  meridian. 


46  LAND    DISTRICTS    AND    OFFICERS. 

Lc  CJi;iiul 

Land  district  includes  all  that  portion  of  the  State  of  Ore- 
gon lyiuij;  north  of  the  fonrth  standard  i)arallel  south,  be- 
tween to\vnshii)s  eighteen  and  nineteen  south,  and  east  of 
the  meridian  line  between  ranjjes  twenty-six  and  twenty- 
seven  east. 

Dalles. 

The  Dalles  land  district  includes  all  that  portion  of  the 
State  of  Orej;on  situated  within  the  following  boundaries: 
Comuieneing  at  a  point  on  the  Columbia  Kiver  where  the 
line  between  rauges  eight  and  nine  east  of  Willamette  me- 
ridian intersects  said  river;  thence  south  on  said  range  line 
to  the  fourth  standard  parallel  south,  between  townships 
eighteen  and  nineteen  south ;  thence  east  on  said  parallel 
to  the  line  between  ranges  twenty-six  and  twenty-seven  east; 
thence  north  ou  said  range  line  to  the  Columbia  Kiver; 
thence  down  said  river  to  the  place  of  beginning. 

KANSAS. 

The  northern  land  district  includes  all  that  portion  of  the 
State  of  Kansas  lying  west  of  the  third  guide  meridian  west 
of  the  sixth  jirincipal  meridian  and  north  of  the  line  between 
townships  nine  and  ten  south. 

Topeka 

Land  district  is  bounded  on  the  north  by  the  boundary  line 
between  the  States  of  Kansas  and  Nebraska ;  on  the  east 
by  the  Missouri  Elver  and  the  boundary  line  between  the 
States  of  Arkansas  and  Missouri ;  on  the  south  by  the  line 
between  townships  twenty-two  and  twenty-three  south  of 
the  base  line ;  and  on  the  west  by  first  guide  meridian  east 
of  the  sixth  principal  meridian. 

Independence 

Land  district  is  bounded  on  the  north  by  the  line  between 
townsliii^s  tw^enty-two  and  twenty -three  south  of  the  base 
line ;  on  the  east  by  the  western  boundary  of  the  State  of 
Missouri ;  on  the  south  by  the  south  boundary  of  the  State 
of  Kansas ;  and  on  the  west  by  the  first  guide  meridian  east 
of  the  sixth  principal  meridian. 

Concordia. 

Eepublican  land  district  is  bounded  on  the  east  by  the 
first  guide  meridian  east  of  the  sixth  principal  meridian ;  on 
the  south  by  the  second  standard  parallel  south  of  the  base 
line ;  on  the  west  by  the  first  guide  meridian  west ;  and  on 
the  north  by  the  boundary  line  between  the  States  of  Kan- 
sas and  Nebraska. 

Wichita 

Land  district  includes  all  that  portion  of  the  State  of  Kan- 
sas situated  within  the  following  described  limits :  Begin- 


LAND    DISTRICTS    AND    OFFICERS.  47 

ning  at  a  point  on  the  southern  boundary  of  the  State  of 
Kansas  where  the  range  line  ten  and  eleven  west  sixth 
principal  meridian  intersects  the  same ;  thence  north  with 
said  range  line  to  the  line  between  townships  twenty-one 
and  twenty-two  south ;  thence  east  with  said  line  to  the  line 
between  ranges  five  and  six  west ;  thence  north  with  said 
line  to  the  fourth  standard  parallel  south ;  thence  east  with 
said  standard  parallel  to  the  first  guide  meridian  east; 
thence  south  with  said  guide  meridian  to  the  southern 
boundary  of  the  State  of  Kansas ;  thence  west  with  said 
boundary  to  the  place  of  beginning. 

Salina 

Laud  district  includes  all  that  portion  of  the  State  of  Kan- 
sas situated  within  the  following  described  boundaries: 
Commencing  at  a  corner  common  to  the  fourth  standard 
parallel  south  and  the  first  guide  meridian  east  of  the  sixth 
principal  meridian;  thence  west  with  said  standard  jiar- 
allel  to  the  line  between  ranges  five  and  six  west ;  thence 
north  with  said  line  to  the  line  between  townships  seven- 
teen and  eighteen  south  ;  thence  west  with  said  line  to  the 
hue  between  ranges  ten  and  eleven  west;  thence  north 
with  said  line  to  the  third  standard  parallel  south ;  thence 
west  along  said  standard  parallel  to  the  line  between 
ranges  fifteen  and  sixteen  west;  thence  north  with  said 
fine  to  the  second  standard  parallel  south;  thence  east 
along  said  standard  parallel  to  the  first  guide  meridian 
east;  thence  south  with  said  guide  meridian  to  the  place  of 
beginning. 

Wa  Keeney. 

The  western  land  district  includes  all  that  portion  of  the 
State  of  Kansas  situated  within  the  following  described 
boundaries  :  Commencing  at  a  point  on  the  western  bound- 
ary of  the  State  of  Kansas  where  the  fourth  standard  par- 
allel south  intersects  the  same ;  thence  east  with  said  stand- 
ard parallel  to  the  line  between  ranges  twenty  and  twenty- 
one  west  of  the  sixth  principal  meridian;  thence  north 
with  said  line  to  the  line  between  townships  nineteen  and 
twenty  south ;  thence  east  with  said  line  to  the  line  between 
ranges  fifteen  and  sixteen  west;  thence  north  with  said 
line  to  the  line  between  townships  nine  and  ten  south; 
thence  west  with  said  line  to  the  western  boundary  of  the 
State  of  Kansas ;  thence  south  with  said  boundary  to  the 
place  of  beginning. 

Larned. 

The  Arkansas  Valley  land  district  includes  all  that  por- 
tion of  the  State  of  Kansas  situated  within  the  following 
described  boundaries :  Commencing  at  a  point  on  the  west- 
em  boundary  of  tlie  State  of  Kansas  where  the  fourth 
standard  parallel  south  intersects  the  same ;  thence  east 
with  said  standard  parallel  to  the  line  between  ranges 
twenty  and  twenty-one  west;  thence  north  with  said  line  to 
the  line  between  townships  nineteen  and  twenty  south; 


48  LAND    DISTRICTS    AND    OFriCERS. 

tlioiicc  east  \\\i\\  said  lino  to  the  lino  botwoon  ran^os  fiftoon 
and  sixteen  west;  thonec  north  with  said  lino  to  the  third 
standard  parallel  south;  thenco  cast  with  said  standard 
parallel  to  the  line  between  ranges  ton  and  eleven  west; 
tlienco  south  with  said  line  to  the  lino  botwoon  townships 
seventeen  and  eijrhteen  south;  thenco  oast  with  said  line  to 
the  line  between  ranjios  live  and  six  west;  tlionco  south 
with  said  line  to  the  line  between  townships  twenty-one 
and  twenty-two  south;  thence  west  with  said  line  to  tho 
line  between  ranges  ten  and  eleven  west;  thenco  south 
with  said  line  to  the  southern  boundary  of  the  State  of 
Kansas ;  thence  west  with  said  boundary  to  tho  western 
boundary  of  the  State ;  thonce  north  with  said  boundary  to 
the  place  of  beginning. 

Kirwin. 

The  northwestern  land  district  includes  all  that  portion 
of  the  State  of  Kansas  situated  within  the  following  de- 
scribed boundaries  :  Commencing  at  a  point  on  the  northern 
boundary  of  the  State  of  Kansas  where  the  range  line  eight 
and  nine  west  sixth  principal  meridian  intersects  the  same ; 
thence  south  with  said  range  line  to  the  second  standard 
parallel  south;  thence  west  with  said  second  standard  par- 
allel to  the  line  between  ranges  fifteen  and  sixteen  west ; 
thence  north  with  said  line  to  the  line  between  townships 
nine  and  ton  south ;  thence  west  with  said  line  to  the  third 
guide  meridian  west ;  thence  north  with  said  guide  merid- 
ian to  the  northern  boundary  of  the  State  of  Kansas ;  thence 
east  with  said  boundary  to  the  place  of  beginning. 

NEBRASKA. 

Grand  Island 

Land  district  is  bounded  as  follows :  Commencing  at  the 
corner  common  to  townships  twenty  and  twenty-one  north 
of  the  base  line,  ranges  four  and  five  east  of  the  sixth  i)rin- 
cipal  meridian ;  thence  south  with  said  range  line  to  the 
south  shore  of  Platte  Eiver ;  thence  west  with  said  south 
shore  of  Platte  Eiver  to  the  intersection  of  range  line  twenty 
and  twenty-one  west ;  thence  north  with  said  line  to  the 
line  between  townships  twenty-three  and  twenty-four  north ; 
thence  east  with  said  line  to  the  line  between  ranges  eleven 
and  twelve  west ;  thence  south  with  said  line  to  the  line  be- 
tween townships  twenty  and  twenty-one  north;  thence  east 
with  said  line  to  the  place  of  beginning. 

Beatrice. 

Nemaha  land  district  is  bounded  on  the  north  by  the  line 
between  townships  six  and  seven  north  of  the  base  line;  on 
the  west  by  the  line  between  ranges  eight  and  nine  west  of 
the  sixth  principal  meridian ;  on  the  south  by  the  boundary 
line  between  Kansas  and  Nebraska ;  and  on  the  east  by  the 
Missouri  Kiver. 


LAND    DISTRICTS    AND    OFFICERS.  49 

Lincoln. 

South  Platte  district  is  bounded  on  the  south  by  the  line 
between  townships  six  and  seven  north  of  the  base  line ;  on 
the  west  by  the  line  between  ranges  eight  and  nine  west  of 
the  sixth  principal  meridian;  on  the  north  by  the  south 
shore  or  right  bank  of  Platte  Eiver ;  and  on  the  east  by  the 
Missouri  River. 

Bloomington. 

The  Republican  Valley  land  district  is  bounded  as  fol- 
lows :  Commencing  at  a  point  on  the  southern  boundary  of 
Nebraska  where  the  range  line  eight  and  nine  west,  sixth 
principal  meridian,  intersects  said  boundary ;  thence  north 
with  said  range  line  to  the  south  shore  of  Platte  River; 
thence  west  with  said  south  shore  of  Platte  River  to  the  line 
between  ranges  twenty  and  twenty-one  w^est ;  thence  south 
with  said  line  to  the  line  between  townships  six  and  seven 
north ;  thence  west  with  said  line  to  the  line  between  ranges 
twenty-five  and  twenty-six  west;  thence  south  with  said 
range  line  to  the  sonthern  boundary  of  the  Stateof  Nebraska ; 
thence  east  with  said  boundary  to  the  place  of  beginning. 

North  Platte. 

The  western  land  district  includes  all  that  portion  of  the 
State  of  Nebraska  situated  within  the  following  described 
boundaries :  Commencing  at  a  point  on  the  soutberu  bound- 
ary of  the  State  of  Nebraska  where  the  range  line  twenty- 
five  and  twenty-six  west,  sixth  principal  meridian,  intersects 
said  boundary ;  thence  north  with  said  range  line  to  the  line 
between  townships  six  and  seven  north;  thence  east  with 
said  line  to  the  line  between  ranges  twenty  and  twenty-one 
west ;  thence  north  with  said  range  line  to  the  northern 
boundary  of  the  State- of  Nebraska;  thence  west  with  said 
northern  boundary  to  the  eastern  l30undary  of  Wyoming ; 
thence  south  with  said  boundary  to  the  southern  boundary 
of  Colorado ;  thence  east  with  said  boundary  to  the  east- 
ern boundary  of  Colorado ;  thence  south  with  said  l)oundary 
to  the  southern  boundary  of  Nebraska ;  thence  east  with 
said  boundary  to  the  place  of  beginning. 

Niobrara. 

Dakota  land  district  includes  all  that  portion  of  the  State 
of  Nebraska  situated  within  the  following  described  bound- 
aries: Commencing  at  a  jxMut  on  the  Missouri  River  Avhere 
the  south  line  of  the  Omaha  Indian  reservation  intersects 
said  river;  thence  west  with  said  south  line  to  the  western 
boundary  of  said  Indian  reservation;  thence  north  along 
said  western  boundary  to  the  south  line  of  townshii)  twenty- 
six  north  ;  thence  west  along  said  line  to  the  line  between  . 
ranges  eleven  and  twelve  west  of  the  sixth  i)i'incipal  merid- 
ian ;  thence  south  with  said  line  to  the  line  between  town- 
ships twenty-three  and  twenty-four  north  ;  thence  west  with 
said  line  to  the  line  between  ranges  twenty  and  twenty-one 
west;  thence  north  with  said  line  to  the  northern  boundary 
4  L  o 


60  LAND    niSlKlCTS;    AM)    OFFICKRS. 

of  till-  State  of  Ni>l)r;isk;i ;  tlu-uct'  iMsl  and  south  alon;;  tho 
nortlu'iii  ami  rasteni  l)oiui(laiy  of  tlu'  Slate  to  the  phice  of 
be^iiiiiiii';. 

NoilolU. 

The   Onialia   land   district   is  hounded  as  f()Ih)\vs:  Coni- 
inenein;i- at  tlie  eonihuMice  of  the  IMatte  Iviver  witli  tlie.Mis- 
.souri :  tlienee  up  the  Missouri  Hiver  to  th«'  intersection  of  tlic 
*  .south  liueof  theOnndni  Indian  reser\  ation  ;  thei:ce  ah)n<;said 

south  line  to  the  western  bounihiry  of  said  Indian  reservation; 
thence  nortli  alonu' said-western  houiKhiry  to  the  south  line  of 
townshij)  twenty-six  north;  thence  west  alon.i>-  said  line  to 
the  line  between  ran/^es  eleven  and  twelve  west  of  the  sixth 
priueipal  meridian  ;  thence  south  with  yaid  line  to  the  line 
between  townships  twenty  and  twenty-one  north ;  thence 
east  along  said  line  to  the  line  between  ran}4es  four  and  live 
east ;  thence  south  with  said  line  to  the  south  shore  of  Platte 
Eiver;  thence  down  said  ri\er  to  the  place  of  beginning. 

NEW  MEXICO. 

Santa  F6 

Laud  district  includes  all  that  portion  of  the  Territory  of 
Ifew  Mexico  lying  nortJi  of  the  base  line. 

Mesilla 

Land  district  includes  all  that  i)ortion  of  the  Territory  of 
!N"ew  Mexico  lying  south  of  the  base  line. 

IDAHO. 

Boise  City 

Land  district  embraces  all  that  portion  of  Idaho  Territory 
lying  west  of  range  line  twenty-three  and  twenty-four  west, 
Boise  meridian,  extending  from  the  southern  boundary  of 
Utah  to  the  southern  boundary  of  Lemhi  County ;  west  of 
the  western  boundary  of  Lemhi  County,  and  south  of  the 
Salmon  liiver  range  of  mountains. 

Lewiston 

Land  district  consists  of  all  that  portion  of  the  Territory  of 
Idaho  lying  north  of  the  Salmon  River  range  of  mountains. 

Oxford. 

The  Oneida  land  district  includes  all  that  portion  of 
Idaho  Territory  situated  within  the  following  described 
boundaries :  Commencing  at  the  southeast  corner  of  said 
Territory ;  thence  west  on  the  line  between  said  Territory 
and  the  Territory  of  Utah  to  the  line  between  ranges  num- 
bered twenty-three  and  twenty-four  east,  Boise  meridian; 
thence  north  to  the  southern  boundary  of  Lemhi  County; 
thence  west  to  the  western  line  of  said  Lemhi  County; 
thence  jorth  on  said  western  line  of  said  county  to  the  lino 
between  the  Territories  of  Idaho  and  Montana ;  thence 
easterly  on  said  Territorial  line  to  the  eastern  boundary  of 


LAND    DISTRICTS    AND    OFFICERS.  51 

the  Territory  of  Idaho ;  thence  south  on  the  line  of  the 
eastern  bouudary  of  Idaho  Territory  to  the  place  of  begin- 
ning. 

MONTANA. 

Miles  City 

Land  district  comprises  all  that  portion  of  Montana  Terri- 
tory lying  east  of  range  line  twenty-seven  and  twenty-eight 
east  of  the  principal  meridian. 

Bozeman 

Land  district  comprises  all  that  portion  of  Montana  Terri- 
tory lying  south  of  the  first  standard  parallel  north,  west  of 
range  line  twenty-seven  and  twenty-eight  east  of  the  prin- 
cipal meridian,  and  east  of  range  line  two  and  three  west  of 
principal  meridian. 

Helena 

Land  district  comprises  all  that  portion  of  the  Territory  of 
Montana  lying  west  of  range  line  two  and  three  west, 
extending  from  the  southern  boundary  of  the  Territory  to 
the  first  standard  parallel  north ;  north  of  the  first  standard 
parallel  north,  extending  from  range  two  and  three  west  to 
range  twenty -seven  and  twenty-eight  east  of  the  principal 
meridian  ;  and  west  of  range  line  twenty-seven  and  twenty- 
eight  east,  extending  from  the  first  standard  parallel  north 
to  the  boundary  line  between  Montana  and  British  posses- 
sions. 

UTAH. 

Salt  Lake  City 

Land  district  is  co-extensive  with  the  limits  of  the  Terri- 
tory of  Utah. 

WYOMINO. 

Evanston 

Land  district  includes  all  that  portion  of  Wyoming  Terri- 
tory lying  west  of  range  line  ninety-four  and  ninety-five 
west  of  the  sixth  principal  meridian. 

Cheyenne 

Land  district  includes  all  that  portion  of  Wyoming  Terri- 
tory lying  east  of  range  line  ninety-four  and  ninety-five 
west  of  the  sixth  princi])al  meridian. 

ARIZONA. 

Florence. 

Gila  land  district  comprises  all  that  portion  of  the  Territory 
of  ^J'izona  lying  south  of  the  first  standard  parallel  north. 

Prescott 

Land  district  comprises  all  that  portion  of  the  Territory  of 
Arizona  lying  north  of  the  first  standard'parallel  north. 


81  LANM^    DISTRICTS    AND    OFFICEUS. 

COLORADO. 

Denver 

Land  (listiiet  inchuk's  all  tliat  portiDn  of  the  State  of  Colo- 
rado sitnated  within  the  following;-  described  limits:  Coni- 
inencinj;-  at  a  point  on  the  eastern  bonndary  of  the  State  of 
Colorado  whore  the  second  correction  line  sonth,  sixth 
l)rincii>al  meridian,  intersects  said  bonndary;  thence  west 
with  said  correction  line  to  the  line  between  ranges  seventy 
and  seventy-one  west;  thence  uortli  with  said  line  to  the 
line  between  townships  three  and  Ibnr  north;  thence  west 
with  said  line  to  the  summit  of  the  continental  divide; 
thence  with  said  summit  of  the  continental  divide  to  the 
northern  boundary  of  the  State;  thence  east  with  said 
boundary  Ime  to  the  eastern  boundary  of  the  State;  thence 
south  with  said  boundary  line  to  the  place  of  beginning. 

Central  City 

Land  district  includes  all  that  portion  of  the  State  of  Colo- 
rado situated  within  the  following  described  limits :  Com- 
mencing at  a  point  on  the  western  boundary  of  tlie  State  of 
Colorado  where  the  first  correction  line  south  intersects 
said  boundary  ;  thence  east  with  said  correction  line  to  the 
line  between  ranges  seventy-one  and  seventy-two  west, 
sixth  principal  meridian ;  thence  south  on  said  line  to  the 
second  correction  line  south;  thence  east  on  said  correction 
line  to  the  line  between  ranges  seventy  and  seventy-one 
west;  thence  north  on  said  line  to  the  line  between  town- 
ships three  and  four  north ;  thence  west  with  said  line  to 
the  summit  of  the  continental  divide;  thence  along  said 
summit  of  the  continental  divide  to  the  northern  boundary 
of  the  State ;  thence  west  with  said  boundary  line  to  the 
western  boundary  of  the  State;  thence  south  with  said 
boundary  line  to  the  place  of  beginning. 

Del  Norte 

Land  district  includes  aU  that  portion  of  the  State  of  Colo- 
rado situated  within  the  following  described  limits :  Com- 
mencing at  a  point  on  the  south  boundary  of  the  State  of 
Colorado  where  range  line  sixty-nine  and  seventy  west,  sixth 
principal  meridian,  intersects  the  said  boundar^^;  thence 
north  witli  said  range  line  to  the  line  between  townships 
twenty-seven  and  twenty-eight  south  ;  thence  west  with  said 
line  to  the  west  line  of  range  seventy-three  west ;  thence 
north  on  said  line  to  the  intersection  of  township  line  forty- 
five  and  forty-six  north,  New  Mexico  principal  meridian ; 
thence  west  with  said  line  to  the  line  between  ranges  eleven 
and  twelve  east,  Xew  Mexico  principal  meridian ;  thence 
north  witli  said  line  to  the  line  between  townships  fort>"-six 
and  forty-seven  north ;  thence  west  with  said  line  to  the  line 
between  ranges  ten  and  eleven  east ;  tiieuce  north  with  said 
line  to  the  line  between  townships  forty-seven  and  forty -eight 
north  ;.ihence  west  with  said  line  to  the  first  ZSTew  Mexico 
guide  meridian  east ;  thence  north  with  said  guide  meridian 
to  the  twelfth  correction  line  north ;  thence  west  with  said 


LAND    DISTRICTS    AND    OFFICERS.  53 

correction  line  to  the  New  Mexico  principal  meridian ;  thence 
south  with  said  principal  meridian  to  the  ninth  correction 
line  north ;  thence  west  with  said  correction  line  to  the  line 
between  ranges  four  and  five  west;  thence  south  on  said 
range  line  to  the  south  boundary  of  the  State ;  thence  east 
with  said  boundary  to  the  place  of  beginning. 

Leadville 

Land  district  includes  all  that  portion  of  the  State  of  Colorado 
situated  within  the  following  described  limits :  Commencing 
at  a  point  on  the  western  boundary  of  Colorado  where  the 
first  correction  line  south  intersects  said  boundary ;  thence 
east  with  said  correction  line  to  the  line  between  ranges 
seventy-one  and  seventy-t^s^o  west,  sixth  principal  meridian ; 
tlience  south  with  said  line  to  the  second  correction  line 
south  ;  thence  east  with  said  correction  line  to  the  line  be- 
tween ranges  seventy  and  seventy-one  west ;  thence  south 
with  said  line  to  the  third  correction  line  south;  thence  west 
with  said  correction  line  to  the  intersection  of  range  line  ten 
and  eleven  east,  township  fifty-one  north,  New  Mexico  prin- 
cipal meridian ;  thence  south  with  said  line  to  the  line  be- 
tween townships  forty-nine  and  fifty  north ;  thence  west  with 
said  line  to  the  line  between  ranges  nine  and  ten  east;  thence 
south  with  said  line  to  the  twelfth  correction  line  north ; 
thence  west  with  said  correction  line  to  the  line  between 
ranges  six  and  seven  east ;  thence  north  with  said  line  to 
the  line  between  townships  forty-nine  and  fifty  north ;  thence 
west  with  said  line  to  the  line  between  ranges  five  and  six 
east ;  thence  north  with  said  line  to  the  line  between  town- 
ships fifty  and  fifty-one  north;  thence  west  with  said  line  to 
the  line  between  ranges  four  and  five  east;  thence  north  with 
said  line  to  the  intersection  of  the  third  correction  line  south, 
sixth  principal  meridian ;  thence  west  with  said  correction 
line  to  the  west  boundary  of  the  State ;  thence  north  with 
said  boundary  to  the  place  of  beginning. 

Lake  City 

Land  district  includes  all  that  portion  of  the  State  of  Colorado 
situated  within  the  following  described  limits:  Commencing 
at  a  point  on  the  western  l)oundary  of  Colorado  where  the 
third  correction  line  south,  sixth  principal  meridian,  inter- 
sects said  boundary ;  thence  east  with  said  correction  line 
to  the  intersection  of  range  line  four  and  five  east,  township 
fifty-one  north.  New  Mexico  principal  meridian ;  thence  south 
with  said  range  line  to  the  line  between  townshii)S  fifty 
and  fifty-one  north ;  thence  east  with  said  line  to  the  line 
between  ranges  five  and  six  east-;  thence  south  with  said 
line  to  the  lino  between  townshii)s  forty-nine  and  fifty  north; 
thence  east  with  said  line  to  the  lino  between  ranges  six  and 
seven  east;  thence  south  witli  said  line  to  the  twelfth  cor- 
rection line  north ;  thence  west  with  said  correction  line  to 
the  New  Mexico  i)rin(;ii)al  meridian  ;  tlience  south  with  said 
principal  meridian  to  the  ninth  correction  line  north ;  thence 
west  with  said  correction  line  to  the  line  between  ranges  four 


54  LAND    DISTRICTS    AND    OFFICERS. 

ami  (ivt>  west ;  tlicnci'  sDutli  with  said  raii^'o  lint'  to  tlic  south 
bouiulaiy  of  till' Stato ;  tliciici'  west  with  said  boundary  to 
the  western  bouiuhiry  of  the  State;  thence  noitli  wit!i  said 
bouuihiry  to  the  phico  of  be.uinnin.ii. 

Pueblo 

Land  district  i  ncbules  all  tliat]iortion  of  the  Stateof  Colorado 
situated  within  the  foHowin^;- described  limits:  Commencing 
at  a  i)()int  on  tlu'  eastern  boundary  of  Colorado  where  the 
second  correction  line  south  intersects  said  boundary ;  thence 
west  with  said  correctiou  line  to  the  line  between  ranges 
seventy  and  seveuty-oue  west,  sixth  ])riucipal  meridian; 
thence  south  with  said  range  line  to  the  tliird  correction  line 
south  ;  thence  west  with  saul  correction  line  to  the  intersec- 
tion of  range  line  ten  and  eleven  east,  townshii)  lifty-one 
north.  Xew  Mexico  [)rincii)al  jueridiau ;  thence  south  with 
said  line  to  the  line  between  townships  forty-nine  and  lifty 
north  ;  thence  west  Avith  said  line  to  the  line  between  ranges 
nine  and  ten  east ;  thence  south  with  said  line  to  the  twelfth 
correction  line  north  ;  thence  west  with  said  correction  line 
to  the  first  Xew  Mexico  guide  meridian  east ;  thence  south 
with  said  guide  meridian  to  the  line  between  townships  forty- 
seven  and  forty-eight  north  ;  thence  east  with  said  line  to 
the  line  between  ranges  ten  and  eleven  east ;  thence  south 
with  said  line  to  the  line  between  townshii>s  forty-six  and 
forty-seven  north  ;  thence  east  with  said  line  to  the  line  be- 
tween ranges  eleven  and  twelve  east;  thence  south  with 
said  line  to  the  line  between  townships  forty-five  and  forty- 
six  north  ;  thence  east  with  said  line  to  the  intersection  of 
the  west  line  of  range  seventy -three  west,  sixth  principal 
meridian ;  thence  south  with  said  line  to  the  line  between 
townships  tweutj'-seven  and  twenty-eight  south ;  thence  east 
with  said  line  to  the  line  between  ranges  sixty-nine  and 
seventy  west ;  thence  south  with  said  range  line  to  the  south- 
ern boundary  of  the  State ;  thence  east  on  said  boundary 
to  the  eastern  boundary  of  the  State;  thence  north  on  said 
boundary  to  the  place  of  beginning. 

DAKOTA. 

Bismarck 

Land  district  includes  all  that  portion  of  the  Territory  of 
Dakota  situated  within  the  following  described  boundaries: 
Commencing  at  a  point  on  the  western  boundary  of  Dakota 
where  the  seventh  standard  parallel  north,  fifth  principal 
meridiati,  intersects  said  boundary;  thence  east  on  said 
standard  ))ara]lel  to  the  line  between  ranges  seventy-eight 
and  seventy-nine  west ;  thence  north  on  said  line  to  the  line 
between  townships  one  hundred  and  twentj'-uine  and  one 
hundred  and  thirty  north  ;  thence  east  on  said  line  to  the 
ninth  guide  meridian ;  thence  north  on  said  guide  meridian 
to  the  twelfth  standard  parallel  north ;  thence  Avest  with 
said  standard  to  the  tenth  guide  meridian;  thence  north 
on  said  guide  meridian  to  the  boundary  line  between  Da- 
kota and  the  Biitish  possessions ;  thence  west  with  said  line 


LAND    DISTKICTS    AND    OFFICERS.  55 

to  the  western  boimdaiy  of  Dakota ;  tbence  south  with  said 
western  boundary  to  the  phice  of  begiuuiug. 

Fargo 

Laud  district  includes  all  that  portion  of  the  Territory  of 
Dakota  lying  north  of  township  line  between  townships  one 
hundred  and  twenty-nine  and  oue  hundred  and  thirty  of 
the  fifth  principal  meridian,  south  of  the  twelfth  standard 
parallel,  and  east  of  the  ninth  guide  meridian. 

Springfield. 

The  Springfield  land  district  includes  all  that  portion  of 
the  Territory  of  Dakota  lying  between  the  third  standard 
I)arallel  north  and  the  township  line  between  townships  one 
hundred  and  twenty-nine  and  one  hundred  and  thirty  north 
of  the  fifth  principal  meridian  and  east  of  the  eastern  bound- 
ary of  the  Great  Sioux  Indian  Eeservation. 

Mitchell. 

Sioux  Falls  land  district  includes  all  that  portion  of  the 
Territory  of  Dakota  lying  between  the  third  standard  par- 
allel north  and  the  base  line,  and  east  of  the  eastern  bound- 
ary of  the  Great  Sioux  Indian  Eeservation. 

Yankton. 

The  Yankton  land  district  includes  all  that  portion  of  the 
Territory  of  Dakota  lying  south  of  the  base  line  of  the  fifth 
principal  meridian. 

Grand  Forks 

Land  district  includes  all  that  portion  of  the  Territory  of 
Dakota  lying  north  of  the  twelfth  standard  parallel  and  east 
of  the  tenth  guide  meridian,  fifth  i^rincipal  meridian. 

Deadwood 

Land  district  includes  all  that  portion  of  the  Territory  of 
])akota  lying  west  of  the  one  hundred  and  second  meridian 
of  longitude  and  south  of  the  forty-fifth  parallel  of  north 
latitude. 

Sec.  125.  Whenever  the  quantity  of  public  land  remain-    when  land  of- 
ing  unsold  in  any  land  district  is  reduced  to  a  number  of  eoutiSby^^ 
acres  less  than  one  hundred  thousand,  it  shall  be  the  duty  ";fi"'y  of  tiie  in- 
of  the  Secretary  of  the  Interior  to  discontinue  tlie  land  otfice 
of  such  district;  and  if  any  land  in  any  sucli  district  remains 
unsold  at  the  time  of  the  discontinuance  of  a  land  office,  the 
same  shall  be  subject  to  sale  at  some  one  of  the  existing 
land  offices  most  convenient  to  the  district  in  which  the 
land  oltice  has  been  discontinued,  of  which  the  Secretary  oi 
the  Interior  shall  give  notice. 

5  Stat.  :'.85;  11.  S.  2248. 

Sec.  120.  The  Secretary  of  the  Interior  may  continue  any  wiicu  lan.i  of 
land  district  in  which  is  situated  tlie  seat  of  government  of  uauLT^y^scao' 
any  one  of  the  States,  and  may  continue  the  land  oflice  in  ti'iv  of  iho  into 
such  district,  notwithstan.ding.the  quantity  of  land  unsold  "°'" 


5G  LAM)    l»IsrHlCTS    AM)    OFFIPKU.S. 

ill  such  tlistfict  may  not  aiiioiint  to  one  liuiulred  tlumsaiid 
acres,  when,  in  his  opinion,  siicli  continuance  is  rcciuiicd  l)y 
l»nl>lic  convcnitMico,  or  in  onhM-  lo  dose  the  hind  system  in 
sucli  State. 

:.  8laf.  4r>r);  K.  S.  '2iA\K 

When  land  of-      Skc.  127.  Wlicncver  the  cost  of  coHectinii-  the  revenue 

fii-e  may  bo  an-  f,.()m  tho  sales  of  the  public  hinds  in  any  hind  district  is  as 

liistrict   by  tiie  iiiuch  as  onetliud  ol  the  whole  amount  ot  revenue  collected 

Prx'8uient.  j,,  ^^.j,  district,  it  may  be  lawlul  for  the  Presidoit,  if,  in 

his  opinion,  not  incompatilile  with  the  public  interest,  to 

discontinue  the  land  ollice  in  such  district,  and  to  annex  the 

same  to  some  other  adjoininj;"  land  district. 

10  Stat.  1S1»,  I'M  ;  K.  S.  •2-2M. 

Change  of  loca-     Sec.  128.  The  President  is  authorized  to  chan;j;e  the  loca- 
lv°hJrr°iac'u?  ^^*^."  ^**  ^'^^'  ^'^"^^  oliices  in  the  several  land  districts  estab- 
"  lished  by  law,  and  to  relocate  the  same  from  time  to  time  at 
such  point  iu  the  district  as  he  deems  expedieut. 

10  Stat.  204,  244 ;  R.  S.  2251. 

Discontinuance  Sec.  129.  Upou  the  recommeudatloii  of  the  Commissioner 
?hi p«£f/''' of  the  General  Land  Otlice,  approved  by  the  Secretary  of 
the  Interior,  the  President  may  order  the  discontinuance  of 
any  laud  office  and  the  transfer  of  any  of  its  business  and 
archives  to  any  other  land  office  within  the  same  State  or 
Territory. 

12  Stat.  409;  R.  S.  2252. 

Change  of     Sec!  130.  The  President  is  authorized  to  change  and  re- 

Wdistrictsami^^'^^'^^^'^^'^  ^^^  boundaries  of  land  districts,  whenever,  in  his 

establishment  of  opiiiioii,  tlic  public  iutercsts  will  bc  subserved  thereby,  with- 

tricu'^fo°r°8^a\e^ofOiit  authority  to  increase  the  number  of  land  offices  or  land 

mineral  lands,     districts,  cxccpt  that  he  is  authorized  to  establish  additional 

land  districts,  and  to  appoint  the  necessary  officers  under 

existing  laws,  whenever  he  may  deem  the  same  necessary 

for  the  public  convenience  in  executing  the  i)rovisions  of 

the  mineral  laws. 

14  Stat.  252;  16  id.  171 ;  R.  S.  2253,  2343. 
Business  of  oris-     Sec.  131.  lu  ca.sc  of  the  division  of  existing  land  districts 
iLe^of 'change  o"  l^y  the  crcction  of  new  ones,  or  by  a  change  of  boundaries 
boundaries.        by  the  President,  all  business  in  such  original  districts  shall 
be  entertained  and  transacted  without  prejudice  or  change, 
until  the  offices  in  the  new  districts  are  duly  opened  by  pub- 
lic announcement  under  the  direction  of  the  Secretary  of 
the  Interior.     All  sales  or  disposals  of  the  public  lands  here- 
tofore regularly  made  at  any  land  office,  after  such  lands 
have  been  made  part  of  another  district  by  any  act  of  Con- 
gress, or  by  any  act  of  the  President,  are  confirmed,  provided 
the  same  are  free  from  conflict  with  i^rior  valid  rights. 
17  Stat.  192 ;  R.  S.  2254. 

AUowance  of     ^EC.  132.  The  Secretary  of  the  Interior  is  authorized  to 

«>ffi<^  rent  and  jjiiij^y  a  rcasoiialjle  allowance  for  office  rent  for  each  con- 

Lbdated^iand  0°-  solidated  land  othce ;  and  when  satisfied  of  the  necessity 

^*=^-  therefor,  to  approve  the  employment  by  the  register  of  one 

or  more  clerks,  at  a  reasonable  i^er-diem  compensation,  for 

such  time  as  such  clerical  force  is  absolutely  required  to 


LAND    DISTRICTS    AND    OFFICERS.  bl 

keej)  up  the  current  i^ublic  business,  which  clerical  force 
shall  be  paid  out  of  the  surplus  fees  authorized  to  be  charged 
by  section  one  hundred  and  thirty-eight,  if  any;  and  if  no 
surplus  exists,  then  out  of  the  appropriation  for  incidental  . 
expenses  of  district  land  offices ;  but  no  clerk  shall  be  so 
paid  unless  his  employment  has  been  first  sanctioned  by  the 
Secretary  of  the  Interior. 

12  Stat.  131;  E.  S.  2255.  U.  S.  v,  Jarvis,  1  Davies,  C.  C.  274;  U. 
S.  V.  Lowe,  1  Dillon,  C.  C.  585.     1  Lester's  L,  L.  314. 

Sec.  133.  There  shall  be  appointed  by  the  President,  by  retiS'Sfd  r^ 
and  with  the  advice  and  consent  of  the  Senate,  a  register  of  cefvers. 
the  land  office  and  a  receiver  of  public  moneys,  for  each  land 
district  established  by  law. 

18  Stat.  34,  122,  123,  295;  R.  S.  2234.  LitcMekl  r.  Railway  Co.,  1 
Woolw.  C.  C.  299.  Bullocky.Wilson,  SPort.  (Ala.)  338;'Hellau 
V.  Ripley,  3  Rob.  (La.)  138. 

Sec.  134.  All  registers  and  receivers  shall  be  appointed  fice  of  registers 
for  the  term  of  four  years,  but  shall  be  removable  at  pleasure.  ""'^  receivers. 

3  Stat.  582 ;  R.  S.  2244.     Best  v.  Polk,  18  Wall.  112. 

Sec.  135.  Every  register  and  receiver  shall  reside  at  the  register  and  Re- 
place where  the  land  office  for  which  he  is  appointed  is  reiver. 
directed  by  law  to  be  kept. 

R.  S.  2235.     [See  all  acts  establishing  land  districts.] 

Bond  of  register 

Sec.  136.  Every  register  and  receiver  shall,  before  enter-  ^"ii  receiver, 
ing  on  the  duties  of  his  office,  give  bond  in  the  penal  sum  of 
ten  thousand  dollars,  with  approved  security,  for  the  faith- 
ful discharge  of  his  trust. 

2  Stat.  73,  75;  10  id.  245  ;  R.  S.  2236.  U.  S.  v.  Vanzandt,  11  Wheat. 
184 ;  Walton  v.  U.  S.,  did.  651 ;  Minor  v.  Mechanics'  Bank,  1  Pet. 
46;  U.  S.  V.  Tingey,  5  id.  115;  Farrar  ct  al.  v.  U.  S.,  5  id.  373;  U. 
S.  V.  Boyd,  15  id.  187 ;  U.  S.  v.  Lino,  15  id.  290 ;  U.  S.  v.  Irving,  1 
How.,  2.50;  U.  S.  v.  Girault,  11  id.  22;  U.  S.  v.  Prescott,  3  id.  578; 
U.  S.  r.  Boyd,  5  id.  29;  Bryan  v.  U.  S.,  1  Black,  140;  Boyden  v.  U. 
S.,  13  Wail.  17;  Bevans  v.  U.  S.,  13  id.  56;  IT.  S.  v.  Thomas,  15 
id.  337.  Alexandria  v.  Corse,  2  Cranch,  C.  C.  363;  U.  S.  v.  Ste- 
phenson, 1  McLean,  C.  C.  462;  U.  S.  v.  Spencer,  2  id.  265;  U.  S. 
V.  Ward,  3  id.  179.     8  Op.  Att.  Gen.  7.     1  Lester's  L.  L.  312,  314. 

Sec.  137.  Every  register  and  receiver  shall  be  allowed  an    Fees  and  com- 
annual   salarj-  of  five  hundred  dollars;  and,  in  addition ™[faa^rec^-^f|.*" 
>i thereto,  each  shall  be  allowed  the  following  fees  and  com- 
missions, namely : 

3  Stat.  466;  12  id.  409  ;  R.  S.  2237.  Dobbins r.  Commissioners,  «fcc., 
16 Pet.  435.    Decisions  Com.  G.  L.  0.,  Feb.  20,  1858;  May  1, 1871. 

First.  A  fee  of  one  dollar  for  each  declaratory  statement  on  pre-emptions, 
filed  and  for  services  in  acting  on  i^re-emption  claims. 

5  Slat.  456:  13  id.  35;  R.  S.  2238.  Decisions  Com.  G.  L.  0.,  Jnno 
17,  1875;  Sept.  9,  1879.     Cir.  G.  L.  O.,  Aug.  7,  1872:  March  10, 

1880. 

Second.  A  commission  of  one  per  centum  on  all  moneys  On  cosh receipte. 
received  at  each  receiver's  office. 

3  Stat.  466:  R.  S.  2238.  U.  S.  v.  Dickson,  15  Pet.  141.  U.  S.  v.  Mc- 
Carty,  1  McLean.  C.  C.  306;  U.  S..v.  Edwards,  1  id.  467.  Decis- 
ion Sec.  Int.,  May  30,    1859.     Decision  Com.  G.   L.  0.,  March  6, 

187^. 

Third.  A  commission  to  be  paid  by  the  homestead  appli-   Onhomeateadiu 


58  i.A\i»  nisrivMi'Ts  AM)  ori'iciiKs. 

niiit.  at  tlic  tliuc  of  (MitvN.  of  nwc  p.M-  fcnliiiM  on  (lie  casli 
Itiifc,  as  iiM<l  l»v  law,  of  tlu-  lainl  apidicd  for;  and  a  like 
i-omiaissi«iii  wlii'ii  tlic  claim  is  finally  csrablislied,  and  tlie 
certiliratc  tiii-i'i'lor  issued  as  llic  basis  oj' a  i)at('nt. 

1-' Stat.  :r.i{:  k;  vI.:V2U:  U.  S.  -JJ.j-.     IKnision  Sit.  Int.,  March  3, 

1-CI.     DrcisioiiM  Com.  (i.  1..  <>...M.i\  7,  I^^TT:  Sep'.  l.».  is;;),    fir. 

(;.  L.  ()..  .Iinio  i:{,  IdTiJ;  .Iiimc  17,  1^7.".;   Man  li  Id.  1-^HI. 

On  tiniborriii-      Kouitli.  Tlic  saiiu'  I'oiiiiiiissioii  Oil  lands  entered  under  any 

lurv  ontrieB.  -,  ,  i        ,      ■      i  ■    ■    "■ 

law  to  eiieourajic  the  "irowtli  ol  tunber  on  western  pranies, 
as  alKtwed  when  the  like  (|nantiiy  of  land  is  entered  with 
money. 

17  Stat.  nor. ;  li.  S.2-i3d.  Docisiou  Sec.  bit.,  March  :j,  lir<74.  Decis- 
ion Com.  G.  L.  O.,  Sept.  1-2,  ld7<).  Cir.  G.  L  O.,  Got.  30,  1S73; 
March  13,  1^74;  June  17,  l«7r. ;  March  lU,  i^^O. 

On  warrauts     Fifth.  FoF  locatinff  military  bouutv-land  wariauiK,  issued 
coUege scrip.       sincc  the  eleyeiitli  (hiy  ol  February,  eijuhteeii  luuidred  and 
forty-seyen,  and  for  locating  ajLiricultural-collejie  land  scrip, 
.     the  same  commission,  to  be  paid  by  the  holder  oi-  assignee 
of  each  warrant  or  scrip,  as  is  allowed  lor  sales  of  the  i)ab- 
lic  lands  for  cash,  at  the  rate  of  one  dollar  and  twenty-liye 
"vyhero  fees  not  ce:  its  ])er  acrc :  but  they  shall  not  be  entitled  to  any  fees 
•Uowed.  ^^j.  locating'  Avarrants  wiiich  are  authorized  by  law  to  be 

located  free  of  exjiense  by  the  Commissioner  of  the  Gen- 
eral Land  Olhce,  nor  upon  the  location  of  warrants  issued 
l)rior  to  the  eleyenth  day  of  February,  eighteen  hundred  and 
forty-seyen. 

9  Stat.  231 ;  10  id.  4  ;  12  id.  GC^i ;  E.  S.  2238,  24.37.  U.  S.  v.  Babbit, 
1  Blacli,  5.5;  same  case,  5  Otto,  334.  Decision  Sec.  Int.,  March  1, 
1870.  Cir.  G.  L.  O.,  Feb.  24,  1834 ;  March  l;j,  11^73;  Jnue  17, 1875; 
July  20,  1875 ;  Feb.  13, 1879. 

In  donation  Sixth.  A  fee,  in  donatio:i  cases,  of  five  dollars  for  each 
***^'  final  certilicate  for  one  luuidred  and  sixty  acres  of  laud,  teu 

dollars  for  three  hundred  and  twenty  acres,  and  fifteen  dol- 
lars for  six  hundred  and  forty  acres. 

12  Stat.  409  ;  E.  S.  2238. 

On  location  of     Scycnth.  In  the  location  of  lands  by  States  and  corpora- 
^d*^oi^oraUolm^tions  under  grants  from  Congress  for  railroads  and  other 
purj)0ses  (except  for  agricultural  collegesj,  a  fee  of  one  dol- 
lar "for  each  final  location  of  one  hundred  and  sixty  acres  ;  to 
be  paid  by  the  State  or  corjjoration  making  such  location. 

13  Stat.  335;  18  id.  21 ;  19  id.  52  ;  E.  S.  2238.  Eaihvay  Co.  r.  Pres- 
cott,  16  Wall.  003;  Eaihvay  Co.  v.  McShane,  22  id.  444;  Himne- 
wcll  r.  Cass  Co.,  22  id.  404.  Decisions  Com.  G.  L.  O.,  April  18, 
1807  ;  Aug.  8,  1807 ;  Feb.  17,  1869 ;  March  20,  1870. 

Tor  eaperin-  Eighth.  A  fcc  of  fiyc  dollars  per  diem  for  superintending 
land  sSes^j "mile- public  land  sales  at  their  respectiye  offices;  and,  to  eacli 
*e®-  receiyer,  mileage  in  going  to  aud  returning  from  depositing 

the  public  moneys  received  by  him. 
3  Stat.  507;  E.'S.  2238. 

For  filing  and  Ninth.  A  fee  of  fiye  dollars  for  filing  and  acting  upon 
IraLiImfappH^  6^ch  application  for  patent  or  adverse  claim  tiled  for  miu- 
tions.  eral  lands,  to  be  i)aid  by  the  respective  parties. 

17  Stat.  95 ;  E.  S.  22.38. 

For  taking  tes-  Tenth.  Registers  aud  receivers  are  allowed,  jointly,  at  the 
*^°^^-  rate  of  fifteen  cents  per  hundred  words  for  testimony  reduced 


LAND    DISTRICTS    AND    OFFICERS.  59 

by  tbem  to  writing  for  claimants,  iu  establishing  pre-emp- 
'tion  and  homestead  rights. 

13  Stat.  .% ;  R.  S.  22:58.  Decision  Com.  G.  L.  O.,  Sept.  1,  1879.  Cir. 
G.  L.  0.,  May  24,  1879. 

Eleventh,  A  like  fee  as  provided  in  the  ]>recediug  sub-    it»<i- 
division  when  such  writing  is  done  in  the  laud  office,  in 
establishing  claims  for  mineral  lands. 

17  Stat.  95;  R.  S.  2238.     Decisiou  Com.  G.  L.  O.,  Sept.  1,  1879.     Cir. 
G.  L.  0.,  May  24,  1879. 

Twelfth.  Registers  and  receivers  in  California,  Oregon,  Additional  fees, 
Washington,  Nevada,  Colorado,  Idaho,  New  Mexico,  Ari- ftates'Snd'^Te^ 
zona,  Utah,  Wyoming,  and  Montana,  are  each  entitled  to  tones. 
collect  and  receive  fifty  per  centum  on  the  fees  and  commis- 
sions provided  for  iu  the  first,  third,  and  tenth  subdivisions 
of  this  section. 

13  Stat.  3(5 ;  R.  S.  2238.  [See,  also,  the  several  acts  establishing  laud 
offices  for  Utah,  Wyoming,  and  Montana.] 

Thirteenth.  A  fee  of  one  dollar  shall  be  paid  to  registers  of  cancellation  *^^ 
for  giving  notice  of  cancellation  to  any  person  who  has  con- 
tested, paid  the  land-olfice  fees,  and  procured  the  cancella- 
tion of  any  pre  em  ption,  homestead,  or  timber-culture  entry; 
the  said  fee  to  be  paid  by  the  contestant,  and  not  to  bo 
reported. 

Act  of  May  14,  18S0. 
Sec.  138.  The  register  for  any  consolidated  land  district,  in    Fees  of  register 
addition  to  the  fees  now  allowed  by  law,  shall  be  entitled  to  consofidautfianl 
charge  and  receive  for  making  transcri])ts  for  individuals,  "'^cea. 
or  furnishing  any  other  record  information  respecting  i)ub- 
lic  lands  or  land  titles  in  his  consolidated  huid  <listrict,  such 
fees  as  are  properly  authorized  by  the  tariff  existing  in  the 
local  courts  of  his  district;  and  the  receiver  shall  receive 
his  equal  share  of  such  fees,  and  it  shall  be  his  duty  to  aid 
the  register  in. the  prei)aration  of  the  transcripts,  or  giving 
the  desired  record  information. 

12  Stat.  131;  R.  S.  2239.  Cir.  G.  L.  O.,  July  19,  1878. 

Sec,  139.  The  compensation  of  registers  and  receivers,  ^^^^^^^^^v^^o^ 
including  salary,  fees,  and  commissions,  shall  in  no  case  ex- registers  and  re- 
cced in  the  aggregate  three  thousand  dollars  a  year,  each  ;  '^^^^~^^^- 
and  no  register  or  receiver  shall  receive  for  any  one  quarter 
or  fractional  quarter  more  than  a  pro  rata  allowance  of  such 
maximum. 

3  Stat.  4GG;  10  id.  4;  11  id.  378;  12  id.  Kil,  393,  409,  .''.O.-);  13  id. 
be,  335;  R.  S.  2240.  U.  S.  r.  IJahbit,  1  Black,  .''.Tj;  same  case.  5 
Otto,  334.  Cir.  G.  L  O.,  Vith.  20,  18.^)8;  May  1,  1871;  June  24, 
1875;  July  19,  1878;  May  24,  1879. 

Sec.  140.  Whene\'ei  the  amount  of  compensation  received    Excess  of  com- 
at  any  land  ofiice  exceeds  the  maximum  allowed  by  law  to  pa"? iniYoasury! 
any  register  or  receiver,  the  excess  shall  be  paid  into  the 
Treasury,  as  other  public  moneys. 

10  Stat.  204;  12  id.  131  ;  R.  S.  2241. 

Sec.  141,  No  register  or  receiver  shall  receive  any  com-py^ij^^'y^'''  '"'^"*' 
pensation  out  of  th(»  Treasury  for  past  services  who  has 
charged  or  received  illegal  fees;  and,  on  satisfactory  proof 
that  either  of  such  olficers  has  charged  or  received  fees  or 


60  LAM>    niSTKMCTS    AND    (>FM('KRS. 

Other  rewards  not  autliorizod  hy  law,  he  shall  Ik-  fortliwith 
removed  from  oflice. 

10  Stat.  4,  :«)<) ;  R.  S.  224'i. 
ComponMtion      Skc.  142.  Tlio  coinixMisal ioii  of  rejjisters  and  receivers, 
?i^cSvo^*"vh"n  hoth   for  salary  and  commissions,  shall  commence  and  be 
to coaimcnoo.      calculated  from  tiic  time  they,  respectively,  enter  on  the 
discharjj:e  of  their  duties. 

10  Stat.  (>i:>;  R.  S.  2iVA.  U.  S.  r.  Edwards,  1  McLean,  C.  C.  li'u. 
Cir.  G.  L.  O.,  Fc-1).  20,  1858;  May  1,  1871. 

Mouthiy  .in.i  Seg.  143.  The  receivers  shall  make  to  the  Secretary  of 
2fJ^Ve«'"™''tho  Treasury  monthly  returns  of  the  moneys  received  in 
their  several  ollices,  and  pay  over  such  money  pursuant  to 
his  instructions.  And  they  shall  also  make  to  the  Commis- 
sioner of  the  (General  Land  Ollice  like  monthly  returns,  and 
transmit  to  him  quarterly  accounts-current  of  the  debits  and 
credits  of  their  several  ollices  with  the  United  States. 

5  Stat.  Ill;  R.S.e245.  Cir.  G.  L.O.,  July  1,1871;  Jnne  Q4,  1875; 
Jnlv  19,  1878 ;  May  24, 1879.  Treasury  Cir.,  July  1-5,  1871.  1  Les- 
ter's L.  L.  312,  314.' 

Oaths  adminis-     Sec.  144.  The  register  or  receiver  is  authorized,  and  it 
Mdre^cei^fre*"^  shall  be  their  duty,  to  administer  any  oath  required  by  law 
or  the  instructions  of  the  General  Land  Oflice,  in  connection 
with  the  entry  or  purchase  of  any  tract  of  the  public  lands ; 
but  he  shall  not  charge  or  receive,  directly  or  indirectly, 
any  compensation  for  administering  such  oath. 
5  Stat.  384  ;  R.  S.  224IJ. 
Penalty  for  false     Sec.  145.  If  anv  pcrsou  applies  to  aiiv  register  to  enter 
i?i^te'?.''^'°°  ^-'any  land  whatever,  and  the  register  knowingly  and  falsely 
inlbrms  the  ])ersou  so  applying  that  the  same  has  already 
been  entered,  and  refuses  to  permit  the  person  .so  applying 
to  enter  the  same,  such  register  shall  be  liable  therefor  to 
the  person  so  applying,  for  hve  dollars  for  each  acre  of  land 
which  the  ])erson  so  ap]ilying,  offered  to  enter,  to  be  recov- 
ered by  action  of  debt  in  any  court  of  record  having  juris- 
diction of  the  amount. 

5  Stat.  112;  R.  S.  2247. 

Deposit  of  pub-     Sec.  14G.  \\\  receivers  having  public  money  to  pay  to  the 
c  money.  United  States  may  pay  the  .same  to  any  depositary  consti- 

tuted by  or  in  pursuance  of  law,  which  may  be  designated 
by  the  Secretary  of  the  Treasury,  except  that  the  receiver 
at  San  Francisco  shall  pay  over  such  money  to  the  United 
States  a.ssistaut  treasurer  in  that  city  at  the  office  of  said 
assistant  trea.surer. 

9  Stat.  62;   IG  id.  21(3;  17  id.  435;  K.  S.  3G15,  3G1G. 

ofli^ttT  beroi^s  ^^^'  ^'^^-  ^^^licre  bona-fide  settlers  under  the  homestead 
register  or  re- or  prc-emptioii  laws  havc,  subsequent  to  the  date  of  filing 
ceiver.  their  applications  to  enter  not  exceeding  one  quarter-section 

of  public  lands,  been  appointed  a  register  or  receiver  of  the 
land  office  of  the  district  in  which  the  lands  are  located, 
proof  and  payment  must  be  made  to  the  satisfaction  of  the 
Commis.sioner  of  the  General  Land  Office. 

17  Stat.  10;  R.  S.  2237.     4  Op.  Att.  Gen.  223;  7  id.  647. 


CHAPTER    FIVE 

SPECIAL  AGENTS. 


Sec. 

148.  Surveyor-general  may  appoint  agents 
to  examine  surveys  in  the  field. 


Sec 


149.  Officers,  &c.,  detailed  to  investigate 
frauds  may  administer  oaths. 


Sec.  148.  When  it  is  incompatible  with  bis  other  duties    Surveyor-gen- 
for  a  surveyor-general  of  the  United  States  to  personally  agfaS^'UT^* 
inspect  the  surveying  operations  of  his  district  while  in  jae  surveys  in  the 
progress  in  the  field,  he  is  authorized  to  deput€i  a  confiden- 
tial agent  to  make  such  examination ;  and  the  actual  and 
necessary  expenses  of  such  person  shall  be  allowed  and 
paid  for  that  service,  and  five  dollars  per  day  dmiug  the 
examination  in  the  field :  Provided,  That  such  examination 
shall  not  be  protracted  beyond  thirty  days,  and  in  no  case 
longer  than  is  actually  necessary;  and  when  a  surveyor- 
general,  or  any  person  employed  in  his  oflBce  at  a  regular 
salary,  shall  be  engaged  in  such  special  service,  he  or  they 
shall  only  receive  his  necessary  expenses  in  addition  to  his 
regular  salary. 

10  Stat.  248 ;  E.  S.  2223. 

Sec.  14:9.  Any  officer  or  clerk  of  any  of  the  executive  officersdetaUed 
departments  of  the  government  who  shall  be  lawfully  de-  f rauds  mav'^Jd' 
tailed  to  investigate  frauds,  or  attempts  to  defraud,  on  the  miuistei  oatlis. 
Government,  or  any  irregularity  or  misconduct  of  any  officer 
or  agent  of  the  United  States,  shall  have  power  to  adnunis- 
ter  oaths  to  affidavits  taken  in  the  course  of  any  such  inves- 
tigation. 

lU  Stat.  55, 75 ;  U.  S.  r.  Bailey,  9  Pet.  238. 

Bight  of  officers  detailed  on  special   duty  to  extra  compensation :    1 

Cranch,  137 ;  U.  S.  v.  Eipley,  7  Pet.  18 ;  U.  S.  r.  Fillebrowu,  7  id.  28; 

Gratiot  r.  U.  S.,  15  id.  336;  U.  S.  r.  Brown,  9  IIow.  487;  Converse 
*  V.  U.  S.,  21  id.  4G3  ;  Staubury  v.  U.  S.,  8  Wall.  33.   U.  S.  v.  Jarvis,  1 

Davies,  C.  C.  274.    Definition  of  office,  and  power  to  hind  Government : 

U.  S.  V.  Hartwol],  0  Wall.  385 ;  Whiteside  ct  al.  v.  U.  S.,  3  Otto,  247. 

Beimburscment  of  expenditures  :  U.  S.  v.  Jarvis,  2  Ware,  C.  C.  274, 

Decisions  Sec.   Int.,  July  1,  1874;  Sept.  21,  1874.     Cir.G.L.O., 

July  1,  1871. 

[The  authority  to  appoint  special  agenta  in  the  administration  of  the 
land  laws  seems  to  bo  derived  from  the  annual  appropriation  bills,  and 
from  the  general  authority  incident  to  the  duty  of  executing  the  laws.  J 

61 


CHAPTER    SIX. 

PUBLIC  SALES  AND  PRIVATE  ENTRIES. 


Sec. 

150    Public  salo  of  lauds  in  half  (piaitcr- 
sectious. 

151.  Advertisement  of  sales. 

152.  Price  of  huuls  Sl-'2.")  per  acre. 

153.  No  credit  on  sales  of  i»nl)lic  lands. 

154.  Lauds  rai.sed  to  ^2.10  per  acre  prior 

to  January,  1801,  reduced  to  §1.25 
per  acre. 
1.55.  Pnl)lic  lands  may  be  offered  for  .sale 
in  sncb  proportions  as  the  Presideut 
chooses. 

156.  Duration  of  sales. 

157.  Several  certiticates  issued  to  two  or 

more  purchasers  of  same  section. 

158.  Private  sales,  in  what  bodies. 

159.  Private  sa.es.  proceedings  in. 

160.  Highest   bidder,   when   preferred  in 

private  sales. 

161.  Minimum    price,    how    fixed    when 

reservations  are  sold. 

162.  Lands  in  California  subject  to  pri- 

vate entry  and  withdrawn,  how  to 
be  opened  to  entry. 


Sec. 

163.  What  coins  receivable  in  payment 
for  public  lauds. 

1G4.  Mi.stakes  in  entry  of  lands,  provis- 
ions for. 

165.  Mistakes  in  patents  for  lands. 

IG6.  Mistakes  in  location  of  warrants. 

107.  Error  in  entry  by  mistake  of  uum- 
bers,  proceedings  upon 

168.  Agreement  and  acts  intended  to  pro- 

vent  bids;  penalty. 

169.  Agreement  to  pay  premiums  to  pur- 

chasers at  public  sales. 

170.  Recovery  of  premiums  paid  to  pur- 

chasers at  public  sales. 

171.  Discovery  of  agreements  to  pay  pre- 

mium, by  bill  in  equity. 

172.  Limitation  of  entries  by  agricultural- 

college  scrip. 

173.  Sale  of  saline  lands. 


Public   sale  of 
a n (1  s  in  h .i  1 
qiiaitcr-sectioD 


of  sales. 


Sec.  150.  All  the  public  lands,  the  sale  of  which  is  au- 
lands  in  h.nif  tijoi-ize^j  ijy  |^^^  shall,  wheu  offered  at  public  sale  to  the 
highest  bidder,  be  offered  iu  half  quarter-sections. 

3  Stat.  566 ;  E.  S.  2353. 

A.ircrtisement  Sec.  151.  The  public  hiuds  wliich  are  exposed  to  public 
sale  b3'  order  of  the  President  shall  be  advertised  in  one 
iiew.spaper  i)ublished  in  the  State  or  Territory  where  the 
lands  are  .situated,  to  be  designated  by  the  Secretary  of  the 
Interior,  for  a  period  of  not  less  than  three  nor  more  than 
six  months  ])rior  to  the  day  of  sale,  unless  otherwise  spe- 
cially i^rovided. 

4  Stat.  702;  19  id.  221,377;  R.  S.  2359. 

Sec.  152.  The  price  at  which  the  public  lands  are  offered 
for  sale  .shall  be  one  dollar  and  twenty-five  cents  an  acre; 
and  at  every  i)ublic  .sale,  the  hi-hest  bidder,  who  makes  i)ay- 
ment  as  ])rovided  in  the  preceding  section,  shall  be  the  pur- 
chaser ;  but  no  land  shall  be  sold,  either  at  i)ublic  or  private 
sale,  for  a  less  price  than  one  dollar  and  twenty-five  cents 
an  acre ;  and  all  the  public  lauds  which  are  lieieafter  offered 
at  public  sale,  according  to  hnv,  and  remain  un.sold  at  the 
clo.se  of  such  public  sales,  shall  be  subject  to  be  sold  at  pri- 
vate sale,  by  entry  at  the  land  office,  at  one  dollar  and  twenty- 
five  cents  an  acre,  to  be  paid  at  the  time  of  making  such 
entry :  Provided,  That  the  i)rice  to  be  ])aid  for  alternate  re- 
served lands,  along  the  line  of  railroads  ^vithin  the  limits 
62 


Price  of  lands, 
$1.2i  per  acre. 


PUBLIC    SALES    AND    PRIVATE    ENTRIES.  63 

granted  by  any  act  of  Congress,  shall  be  two  dollars  and  fifty 
cents  per  acre. 

3  Stat.  566 ;  19  id.  377  ;  R.  S.  2357.  Chotard  v.  Pope,  12  Wheat.  589 ; 
Lytle  I'.  Arkansas,  9  How.  328 ;  Irvine  r.  Marshall,  20  id.  633;  El- 
dred  v.  Sexton,  19  Wall.  189.  Eldred  v.  Sexton,  30  Wis.  193 ;  Hard- 
wick  V.  Reardon,  6  Ark.  77.  2  Op.  Att.  Gen.  186,  200;  3  id.  240, 
274,  448  ;  4  id.  1C7  ;  5  id.  476 ;  7  id.  647.  Decisions  Sec.  Int.,  March 
16,1870;  Nov.  2,  1871;  Nov.  20,  1871 ;  Jan.  4,  1872;  Sept.  5,  1878. 
Decisions  Com.  G.  L.  0.,  Aug.  31,  1830;  Jnne  21,  1865;  Oct.  17, 
1867 ;  April  9,  1868 ;  Sept.  12,  1872  ;  Jan.  29,  1873;  March  24,  1873; 
Nov.  27,  1874;  Oct.  20,  1^76.  Cir.  G.  L.  O.,  Sept.  10,  1849;  June 
17,  1875. 

Sec.  153.  Credit  shall  not  be  allowed  for  the  purchase  No  credit  on 
money  on  the  sale  of  any  of  the  public  lauds,  but  every  pur-  faiuu."  ^° 
chaser  of  land  sold  at  public  sale  shall,  on  the  day  of  pur- 
chase, make  complete  payment  therefor ;  and  the  purchaser 
at  private  sale  shall  produce  to  the  register  of  the  land  office 
a  receipt  from  the  Treasurer  of  the  United  States,  or  from 
the  receiver  of  public  moneys  of  the  district,  for  the  amount 
of  the  purchase  money  on  any  tract,  before  he  enters  the  same 
at  the  land  office  j  and  if  any  person,  being  the  highest  bid- 
der at  public  sale  for  a  tract  of  land,  fails  to  make  payment 
therefor  on  the  day  on  which  the  same  was  purchased,  the 
tract  shall  be  again  ofl'ered  at  public  sale  on  the  next  day 
of  sale,  and  such  person  shall  not  be  capable  of  becoming 
the  purchaser  of  that  or  any  other  tract  offered  at  such  public 
sales. 

3  Stat.  566  ;  R.  S.  2356.  Mathews  v.  Zane,  7  Wheat.  164 ; .  Chotard 
V.  Pope,  12  id.  589;  U.  S.  v.  Boyd,  5  How.  49;  Lytle  v.  Arkansas, 
9  id.  328 ;  Bell  v.  Hearne,  19  id.  252 ;  Irvine  v.  Marshall,  20  id.  558. 

2  Op.  Att.  Gen.  186;  3  id.  150,  448 ;  5  id.  476.    Lott  v.  Prudhomme, 

3  Rob.  (La.)  293;  Beaumont  v.  Covington,  6  id.  189;  Leblance  t'. 
Ludrique,  14  La.  Ann.  772;  Newport  t'.  Cooper,  10  La.  155  ;  Kirby 
V.  Fogleman,  16  id.  277 ;  Wynn  v.  Garland,  16  Ark.  440 ;  Wither- 
spoon  V.  Duncan,  21  id.  240  ;  Hunter  v.  Hemphill,  6  Mo.  106 ; 
Groom  c.  Hill,  9  id.  320;  Russell  r.  Defrancej  'S9  id.  506;  Massey 
V.  Smith,  64  id.  347  ;  Stephenson  v.  Smith,  7  Nev.  610 ;  Moreuhant 
V.  Wilson,  52  Cal.  226.  Decisions  Sec.  Int.,  March  8,  1872;  Sept. 
5,  1878.  Decisions  Com.  G.  L.  0.,-Aug.  31,  1830;  Sei)t.  1,  1879. 
Cir.  G.  L.  O.,  Sept.  10,  1849;  June  17,  1875;  Oct.  1,  1878. 

Sec.  154.  The  price  of  lands  now  subject  to  entry  which    Lands  raised  to 
were  raised  to  two  dollars  and  fifty  cents  per  acre,  and  put  prior  to  janua^! 
in  market  prior  to  January,  eighteen  hundred  and  sixty-one,  ^^2^^  "^^racre 
by  reason  of  the  grant  of  alternate  sections  for  railroad  pur-    ""^  ^^ 
poses,  is  hereby  reduced  to  one  dollar  and  twenty-five  cents 
per  acre. 

Act  of  June  15,  1880.     Cir.  G.  L.  O.,  July  17,  1880. 

Sec.  155.  Whenever  the  President  is  authorized  to  cause    PuWic  lands 
the  public  lands,  in  any  hind  district,  to  be  offered  for  sale,  for'Lu/V^'s^ch 
be  may  offer  for  sale,  at  first,  only  a  part  of  tlie  lands  con-P™ij[,"^''^t'»»s  »» 
tained  in  such  district,  and  at  any  subsequent  time  or  times  ciuwai-^?"' 
he  may  offer  for  sale  in  the  same  manner  any  other  i^art,  or 
the  remainder  of  the  lands  contained  in  the  same. 

2  Stat.  479;  19  id.  221,  377  ;  R.  S.  23,58. 

Sec.  156,  The  public  sales  of  lands  shall,  respectively,  bo    Duration  ot 
kept  open  for  two  weeks,  and  no  longer,  uidess  otherwise  ^"^®^- 
specially  provided  by  law. 

3  Stat.  567;  R.  S.  2;!(;0. 


G4  Pl'HlJl-    SAl.KS    AND    I'lJlVAl'i;    KNTUIKS. 

s^v.rai  cortifl  Si'.r.  157.  WliiTO  \\\o  ov  iiioiv  pcisoiis  liuvo  Ijccoiho  i)ur- 
twoornu^lv'i'.Hi^^"^''''^^''"^  '**  "  si'ctiou  oi'  iVactioiiiil  scctioii,  tlu»  rcjiislcr  of  the 
ihiwora  of  sainoland  otlici'  tiltlir  distiict  in  wliicli  llic  laiuls  lie  shall,  on  ap- 
"^  '""■  i)lii'atit)ii  Dttho  itaitii's,  ;um1  a  suric'iidcr  of  the  (nij;iual  cer- 

rilicato,  issue  si'))arate  coitilicatcs,  of  the  same  date  with  tho 
oiiiiinal,  to  each  ol'  tho  imrchasers,  or  their  assijiiiees,  in  (;on- 
foriiiit.v  with  the  division  ainrood  on  by  them;  but  in  no  case 
shall  the  fractions  so  purchased  be  divided  by  other  than 
north  and  south,  or  east  and  west,  lines ;  nor  shall  any  certifi- 
cate issue  lor  less  than  eighty  acres. 

4  Stat.  -itC  ;  R.  S.  'JlUil.  Gaiiios  r.  Ihilc,  IG  Ark.  9 ;  Dowus  r.  Scott, 
3Kol).  (La.)^•^. 

Private  sales,      Sec.  158.  All  the  wublic  lands,  wlicu  ofiered  at  in'ivate  salc, 

in  what  bodios.  ,  .  ij.j.i  x-^-xi  i  ,•' 

may  be  purchased,  at  the  oi)tion  ot  the  purchaser,  in  entire 
sections,    half-sections,   (piarter-sections,   half  quarter-sec- 
tions, or  quarter  quarter-sections. 
4  Stat.  oO;{ ;  I?.  S.  2354. 
PriTOte  sales,      Sec.  159.  Evcry  i)ersou  making  ai)i)lication  at  any  of  the 
proceedings  in.    j.^^^^^  offices  of  the  United  States  for  the  purchase  at  private 
sale  of  a  tract  of  land  shall  produce  to  the  register  a  memo- 
randum in  writing,  describing  the  tract,  which  he  shall  enter 
by  the  proper  number  of  the  section,  lialf-sectioii,  quarter- 
section,  half  quarter-section,  or  quarter  quarter-section,  as 
the  case  may  be,  and  of  the  township  and  range,  subscrib- 
ing his  name  thereto,  which  memorandum  the  register  shall 
file  and  i>reserve  in  his  office. 

2  Stat.  556;  E.  S.  2355.  3  Op.  Att.  Geu.  240.  Decisions  Sec.  Int., 
March  8,  1852 ;  July  29,  l«7y ;  Aug.  9,  1B79.  Decision  Com.  G. 
L.  O.,  Dec.  20,  1858. 

Higheet bidder,      Sec.  ICO.  Where  two  or  more  ])erson8  api)lv  for  the  pur- 

when  preferred  in     ,  ,         .       ^  ,  „,,  ',  ,/,i"  ,• 

private  sales.  chasc,  at  private  sale,  ot  the  same  tract,  at  the  same  time, 
the  register  shall  determine  the  preference,  by  forthwith  offer- 
ing the  tract  to  the  highest  bidder. 

3  Stat,  5C7 ;  E.  S.  23G5.     3  Op.  Att.  Gen.  240,  248. 
Minimumprice,      Sec.  161.  Whenever  any  reservation  of  public  lands  is 

r^lrfadons'^oid.  brouglit  iuto  market,  the  Commissioner  of  the  General  Land 
Office  shall  fix  a  minimum  price,  not  less  than  one  dollar 
and  twenty-five  cents  per  acre,  below  which  such  lands  shall 
not  be  disposed  of. 

13  Stat.  374 ;  R.  S.  2364.  Wolsey  et  al  v.  Chapman,  S.  C,  Oct.  T., 
187;>,  in  manuscript.     3  Op.  Att.  Geu.  274 ;  lU  i(L  359. 

fo^i^ub"oa'*to     ^^^*  ^^'^'  ^Iierever  lauds  in  California  subject  to  private 
private^'ent^and  entry  havc  bccu  or  are  hereafter  withdrawn  from  market 
to *be'o^ed'°to  ^^^  ^^3'  cause,  such  lands  shall  not  thereafter  be  held  sub- 
entry,  ject  to  private  entry  until  they  have  first  been  open  for  at 
least  ninety  days  to  homestead  and  pre-emption  settlers, 
and  again  offered  at  public  sale. 
16  Stat.  304  ;  18  id.  497  ;  E.  S.  2:i<i7. 
whBtooinf,  re-     Sec.  103.  The  gold  coins  of  Gieat  Britain  and  other  fer- 
ment'"f^'^fijioeign  coins  shall  be  received  in  all  payments  on  account  of 
i^ds  public  lands,  at  the  value  estimated  annually  by  the  Direc- 
tor of  the  Mint,  and  i^roclaimed  by  the  Secretary  of  the 
Treasury,  in  accordance  with  the  i)rovisious  of  section  thirty- 
five  hundred  and  sixty-four  of  the  Kevised  Statutes,  Title, 
"The  Coinage." 

3  Stilt.  779;  11  id.  1G3  ;  R.  S.  2366. 


PUBLIC    SALES    AND    PRIVATE    ENTRIES.  65 

Sec.  164.  In  every  case  of  a  piircliaser  of  public  landsf  at  Mistakes  in  en- 
private  sale,  having  entered  at  the  land  office  a  tract  differ-  ^iom  &?"  ^"^ 
ent  from  that  he  intended  to  purchase,  and  being  desirous 
of  having  the  error  in  his  entry  corrected,  he  shall  make  his 
application  for  that  purpose  to  the  register  of  the  land  office; 
and  if  it  appears  from  testimony  satisfactory  to  the  register 
and  receiver,  that  an  error  in  the  entry  has  been  made,  and 
that  the  same  was  occasioned  by  original  incorrect  marks 
made  by  the  surveyor,  or  by  the  obliteration  or  change  of 
the  original  marks  and  numbers  at  comers  of  the  tract  of 
land,  or  that  it  has  in  any  otherwise  arisen  from  mistake  or 
error  of  the  surveyor,  or  officers  of  the  land  office,  the  regis- 
ter and  receiver  shall  report  the  case,  with  the  testimony, 
and  their  opinion  thereon,  to  the  Secretary  of  the  Interior, 
who  is  authorized  to  direct  that  the  purchaser  is  at  liberty 
to  withdraw  the  entry  so  erroneously  made,  and  that  the 
moneys  which  have  been  paid  shall  be  applied  in  the  pur- 
chase of  other  lands  in  the  same  district,  or  credited  in  the 
payment  for  other  lands  which  have  been  purchased  at  the 
same  office. 

3  Stat.  526;  R.  S.  2369.  Decisions  See.  Int.,  Jan.  28,  1850;  Dec.  31, 
1855 ;  June  3,  1879.  Decisions  Com.  G.  L.  O.,  April  22,  1856 ;  May 
8, 1856.  Cir.  G.  L.  O.,  Aug.  31, 1830 ;  July  23, 1849 ;  April  20, 1853 ; 
Jan.  19,  1854;  April  30,  1867. 

Sec.  165.  The  provisions  of  the  preceding  section  are  de-  Mistakestopat^ 
clared  to  extend  to  all  cases  where  patents  have  issued  or  ^^^  °^  ^  ^• 
may  hereafter  issue;  upon  condition,  however,  that  the 
party  concerned  surrenders  his  patent  to  the  Commissioner 
of  the  General  Land  Office,  with  a  relinquishment  of  title 
thereon,  executed  in  a  form  to  be  prescribed  by  the  Secre- 
tary of  the  Interior. 

4  Stat.  301 ;  R.  S.  2370. 

Sec.  166.  The  provisions  of  the  two  preceding  sections  Mistekea  in  lo- 
are  made  applicable  in  aU  respects  to  errors  in  the  location  ^^^°°  otma^ 
of  land  warrants. 

10  Stat.  257  ;  R.  S.  2371.  Colder  v.  Keegan,  30  Wis.  126;  Ainsley  v. 
Paterson,  30  id.  653;  Faush  v.  Coon,  40  Cal.  33.  Cir.  G.  L.  O., 
April  20,  1853. 

Sec.  167.  In  all  cases  of  an  entry  hereafter  made,  of  a  tract  Error  ti  entrr 
of  land  not  intended  to  be  entered,  by  a  mistake  of  the  true  numberB*;  pro- 
numbers  of  the  tract  intended  to  be  entered,  where  the  tract,  ceeding^npon. 
thus  erroneously  entered,  does  not,  in  quantity,  exceed  one 
half-section,  gud  where  the  certificate  of  the  original  pur- 
chaser has  not  been  assigned,  or  his  right  in  any  way  trans- 
ferred, the  purchaser,  or,  in  case  of  his  death,  the  legal 
representatives,  not  being  assignees  or  transferees,  may,  in 
any  case  coming  within  the  provisions  of  this  section,  file 
his  own  affidavit,  with  such  additional  evidence  as  can  be 
procured,  showing  the  mistake  of  the  numbers  of  the  tract 
intended  to  be  entered,  and  that  every  reasonable  precau- 
tion and  exertion  had  been  used  to  avoid  the  error,  with  the 
register  and  receiver  of  the  land  district  within  which  such 
tract  of  land  is  situated,  who  shaU  transmit  the  evidence 
submitted  to  them  in  each  case,  together  with  their  written 
opinion,  both  as  to  the  existence  of  the  mistake  and  the 
5  L  o 


66  PUBLIC    SALES    AND    I'KIVATK    ENTRIES. 

ci'oilil>ility  of  each  pcr.soii  tostil'yin;;'  tlioivto,  to  tlic  Commis- 
8iom>r  of  the  GeiUTal  Land  Oflice,  wlio,  if  he  bo  entirely 
satislied  that  the  nnstak(>  has  been  made,  and  that  every 
reasonabU'  i)reeaution  and  exertion  had  been  made  to  avoid 
it,  is  autliorized  to  ehan.ne  tlie  entry,  and  transfer  the  ])ay- 
ment  from  thetraet  erroneously  entered,  to  that  intended  to 
be  entered,  if  unsold  ;  but,  if  sold,  to  any  other  tract  liable 
to  entry;  l)ut  the  i)ath  of  the  person  interested  shall  in  no 
case  be  (teemed  sutlicient,  in  the  absence  of  other  corrobo- 
ratiu<j  testimony,  to  authorize  any  such  change  of  entry: 
nor  shall  anything  herein  contained  affect  the  right  of  third 
persons. 

4  Stat.  31 ;  R.  S.  2372.     Bellows  v.  Todd,  34  Iowa,  18. 

»cu^Mid!xf°to  ^^^*  ^^^'  ^"^sry  person  iivho,  before  or  at  the  time  of  the 
prevent  bidsipublic  salc  of  any  of  the  lauds  of  the  United  States,  bar- 
penaity-  gains,  contracts,  or  agrees,  or  attempts  to  bargain,  contract, 

or  agree  with  any  other  person,  that  the  last-named  person 
shall  not  bid  upon  or  purchase  the  land  so  offered  for  sale, 
or  any  parcel  thereof,  or  who  by  intimidation,  combination, 
or  unfair  management,  hinders  or  prevents,  or  attempts  to 
hinder  or  prevent,  any  person  from  bidding  upon  or  i^ur- 
chasing  any  tract  of  laud  so  offered  for  sale,  shall  be  fined 
not  more  than  one  thousand  dollars,  or  imprisoned  not  more 
than  two  years,  or  both. 

4  Stat.  392;  R.  S.  2373.  Oliver  i-.  Piatt,  3  How.  333;  Fackler  v. 
Ford  et  ah,  24  id.  322 ;  Easley  r.  Kellom  et  ah,  14  WalL  279.  Stan- 
nard  v.  McCarthy,  Morris  (Iowa)  124. 

Agreements  to  Sec.  1G9.  If  any  peisou  bcfore,  or  at  the  time  of  the  pub- 
p^^r^haTe*^  at  lic  Sale  of  any  of  the  lands  of  the  United  States,  enters 
public  sales.  jq^q  ^yy  contract,  bargain,  agreement,  or  secret  under- 
standing with  any  other  person,  j^roposing  to  purchase 
such  land,  to  pay  or  give  to  such  purchasers  for  such  land  a 
sum  of  money  or  other  article  of  property  over  and  above 
the  price  at  which  the  land  is  bid  off  by  such  purchasers, 
every  such  contract,  bargain,  agreement,  or  secret  under- 
standing, and  every  bond,  obligation,  or  writing  of  any  kind 
whatsoever,  founded  upon  or  growing  out  of  the  same,  shall 
be  utterly  null  and  void. 

4  Stat.  392;  R.  S.  2374.  Oliver  v.  Piatt,  3  How.  333;  Fackler  v. 
Ford  et  al,  24  id.  322 ;  Easley  v.  Kellom  et  al.,  14  Wall.  279.  Wright 
r.  Shumway,  1  Bissell,  C.  C.  23. 

Eecoveryofpre-     Sec.  170.  Evcry  persou  being  a  party  to  such  contract, 

miums  paid  to  ijargaiu,  agreement,  or  secret  understanding,  who  pays  to 

pS)b\jMie3.'^^  *  such  purchaser,  any  sum  of  money  or  other  article  of  value, 

over  and  above  the  j^urchase  money  of  such  land,  may  sue 

for  and  recover  such  excess  from  such  purchaser  in  any 

court  having  jurisdiction  of  the  same. 

4  Stat.  392;  R.  S.  2375.  Root  v.  Shields,  1  Woolw.  C.  C.  340.  EUis 
V.  Mosier,  2  Green  (Iowa),  246. 

Discovery  of     ^EC.  171.  If  the  partj'  aggrieved  have  no  legal  evidence  of 

-agreements  to  such  coutract,  bargain,  agreement,  or  secret  understanding, 

?m  iE"^"ty!  ^  or  of  the  payment  of  the  excess,  he  may,  by  bill  in  equity, 

compel  such  purchaser  to  make  discovery  thereof;  and  if 

in  such  case  the  complainant  shall  ask  for  relief,  the  court  in 

which  the  bill  is  pending  may  proceed  to  final  decree  between 


PUBLIC    SALES   AND    PEIVATE   ENTRIES.  67 

the  parties  to  the  same ;  but  every  such  suit  either  in  law  or 
equity  shall  be  commenced  within  six  years  next  after  the 
sale  of  such  land  by  the  United  States. 

4  Stat.  392;  E.  S.  2376.    Guh  v.  Cutter,  Burnett  (Wis.)  92;  1  Fin- 
ney (Wis.)  253.     Eoot  v.  Shields,  1  Woolw.  C.  C.  340. 

Sec.  172.  In  no  case  shall  more  than  three  sections  of    Limitation  of 
public  lands  be  entered  at  private  entry  in  any  one  town-  cSitMai  coufge 
ship  by  scrip  issued  to  any  State  under  the  act  approved  ^*^p- 
July  two,  eighteen  hundred  and  sixty-two,  for  the  establish- 
ment of  an  agricultural  college  therein. 

15  Stat.  227;  E.  S.  2377.     Cir.  G.  L.  O.,  July  20,  1875. 

Sec.  173.  Whenever  it  shall  be  shown  to  the  satisfaction  saie  of  eaiiM 
of  the  Commissioner  of  the  General  Land  Office,  by  testi-  ^^^ 
mony  taken  before  the  register  and  receiver  in  any  land  dis- 
trict, that  any  of  the  lands  within  their  district  are  saline 
in  character,  and  not  subject  to  sale  under  the  general  land 
laws,  such  lands  shall  be  offered  for  sale  at  public  auction 
at  the  local  land  office  of  the  district,  in  which  they  are  sit- 
uated, under  regulations  to  be  prescribed  by  the  Commis- 
sioner, and  sold  to  the  highest  bidder  for  cash,  at  a  price 
not  less  than  one  dollar  and  twenty -five  cents  per  acre ;  and 
in  case  said  lands  are  not  sold  when  so  offered,  they  shall 
be  subject  to  private  sale  at  such  land  office,  for  cash,  at  a 
price  not  less  than  one  dollar  and  twenty-five  cents  per  acre, 
in  the  same  manner  as  other  public  lands  of  the  United 
States  are  sold :  Provided,  That  this  section  shaU  not  apply 
to  any  State  or  Territory  to  which  a  grant  of  salines  has 
not  been  made  by  Congress,  nor  to  any  State  or  Territory 
to  which  such  a  grant  has  been  made  but  which  remains 
unsatisfied;  and  the  patents  issued  for  said  lands  shall  be 
in  the  form  of,  and  shall  only  operate  as,  a  release  and  quit- 
claim of  such  title  as  the  United  States  has  in  such  lands. 

19  Stat.  221.    Delauriere  v.  Emison,  15  How.  525;  Morton  v.  Ne- 
braska, 21  Wall.  660. 


CHAPTER    SEVEN, 


PREEMPTIONS. 


8m. 

174.  Lands  subject  to  pre-emption. 

175.  Lands  not  subject  to  pre-emption. 

176.  Persons  entitled  to  pre-emption. 

177.  Persons  not  entitled  to  pre-emption. 
17d.  Limitation  of  pre-emption  right. 

179.  Oath  of  pre-emptionist,  where  filed ; 

penalty. 

180.  Notice  of  intention  to    make   final 

proo£ 

181.  Publication  of  notice  of  entry. 

182.  Proof  of  settlement ;   assignment  of 

pre-emption  rights. 

183.  Claim  filed  by  settler  on  land  not  pro- 

claimed for  sale. 

184.  Statement  to  be  filed  by  settler  with 

intent  to  purchase,  on  lands  sub- 
ject to  private  entry. 

185.  Declaratory  statement  of  settlers  on 

unsurveyed  lands,  when  filed. 

186.  Pre-emption  claimants;  time  of  mak- 

ing proof  and  payment. 

187.  Lands  relinquished  by  pre-emptors, 

subject  to  entry  at  once. 

188.  Party  contesting  pre-emption  entry 

to  be  allowed  thirty  days  after  no- 
tice of  cancellation  to  make  entry. 

189.  Publication  of  notice  of  contest  ixi 

pre-emption  cases. 

190.  Extension  of  time  in  certain  cases  to 

persons  in  military  and  naval  serv- 
ice. 

191.  Death  before  consummating  claim  ; 

who  to  complete,  &c. 

192.  Entries  of  insane  persons  confirmed 

in  certain  cases. 

193.  Non-compliance  with  laws  caused  by 

vacancy  in  office  of  register  or  re- 
ceiver not  to  aflfect,  &c. 

194.  No  pre-emption  of  lands  sold  but  not 

confirmed  by  General  Land  Office. 


Sec. 

195.  Purchase  by  private  entry  after  ex- 
piration of  pre-emption  right. 

11H3.  When  more  than  one  settler,  rights 
of  appeal  to  Commissioner  and  Sec- 
retary of  Interior. 

197.  Settlements  of  two  or  more  persons  on 

same  subdivision  before  survey. 

198.  Settlements  before  survey  on  sections 

16  and  36,  deficiencies  therefor. 

199.  Selections  to  supply  deficiencies  of 

school  lands. 

200.  Military    bounty -land  warrants  re- 

ceivable for  pre-emption  payments. 

201.  Agricultural-college  scrip  receivable 

in  payment  of  pre-emptions. 

202.  Pre-emption    limit    along    railroad 

lines. 

203.  Pre-emption  rights  on  lands  reserved 

for  grants  found  invalid. 

204.  Pre-emption  rights  on  lands  reserved 

for  railroads. 

205.  Eight  of  additional  location  by  pre- 

emptors  within  limits  of  forfeited 
railroad  grants. 

206.  Confirmation  of  pre-emption  entries 

within  railroad  limits  made  prior 
to  receipt  of  notice  of  withdrawal 
at  local  office. 

207.  Lands  within  railroad  grants  re-en- 

tered after  abandonment. 

208.  Entries  made  after  expiration  of  land 

OTants. 

209.  Where    claimant  of  entry  becomes 

register  or  receiver. 

210.  Eight  of  transfer  of  settlers  under 

homestead  and  pre-emption  laws 
for  certain  public  purposes. 

211.  Public  sales  of  land  not  to  be  delayed 

by  pre-emption  claims. 


Lands  snbject     Sec.  174.   All  lands  belonging  to  the  United  States,  to 
topre-enption.    -^j^jch  the  Indian  title  has  been  or  may  hereafter  be  extin- 
guished, shall  be  subject  to  the  right  of  pre-emption,  under 
the  conditions,  restrictions,  and  stipulations  provided  by- 
law. 

12  Stat.  413 ;  18  id.  18, 334 ;  19  id.  35 ;  E.  S.  2257.  Minnesota  v. 
Bachelder,  1  WaU.  109;  Hughes  v.  U.  S.,  4  id.  232;  Hntchings  v. 
Low,  15  id.  77  ;  Shepley  v.  Cowan,  1  Otto,  330  ;  Atherton  v.  Fowler, 
6  id.  513 ;  Hosmer  v.  Wallace,  7  id.  .575 ;  Trenouth  v.  San  Fran- 
cisco, 10  id.  251.  Eussell  v.  Beebe,  1  Hemp.  C.  C.  704  ;  Gimmy  r. 
Culverson,  5  Saw.  C.C.  605;  Hummell  t;.  Eailway  Co.,  3  Dillon 
C.  C.  313.  3  Op.  Att.  Gen.  106, 697  ;  5  id.  7  ;  11  id.  490.  Terry  v. 
Megerle,  24  Cal.  609 ;  Hastings  v.  McGrogin,  27  id.  85 ;  Eobinson 
V.  Forrest,  29  id.  317 ;  People  v.  Shearer,  30  id.  685 ;  Mahoney  r. 
68 


PRE-EMPTIONS.  69 

.Van  Wintle,  33  id.  448 ;  Smith  v.  Athern,  34  id.  270 ;  Hutton  v. 
Frisbie,  37  id.  475 ;  Sherman  v.  Buick,  45  id.  656 ;  Foscalina  v. 
Doyle,  47  id.  438 ;  Reed  v.  Caruthers,  47  id.  181 ;  Umbarger  v.  Cha- 
boya,  49  id.  525 ;  Mastick  v.  Cave,  52  id.  67  ;  West  v.  Smith,  52  id, 
322 ;  Perry  v.  O'Hanlan,  11  Mo.  373 ;  McDaniel  v.  Orston,  12  id. 
12;  Bray  1'.  Roysdalc,  53  id.  170;  Rector  r.  Gaines,  19  Ark.  70; 
Thompson  v.  Schlater,  13  La.  115 ;  Woodward  v.  McReynolds,  2 
Pinney  (Wis.)  268;  Challefont  v.  Erignon,  4  Wis.  554;  Arnold  v. 
Grimes,  2  Iowa,  1 ;  Smith  v.  Mosier,  5  Blackf.  (Ind.)  51 ;  Simmer 
V.  Coleman,  23  Ind.  91 ;  Delaney  v.  Burnett,  9  Ills.  454 ;  Brown  v. 
Throckmorton,  11  id.  529;  Baty  v.  Sale,  43  wi.  351;  Stalmacker  v. 
Morrison,  6  Neb.  363 ;  Stark  v.  Baldwin,  7  id.  114.  Decisions  Sec. 
Int.,  April  10,  1872;  Aug.  5,  1874;  Oct.  11, 1878;  May  8, 1880. 

Sec.  175.  The  following  classes  of  lands,  unless  otherwise  Lands  not  sub- 
specially  provided  for  by  law,  shaU  not  be  subject  to  thei^SI*"  pre-emp. 
rights  of  pre-emption,  to  wit : 

First.  Lands  included  in  any  reservation  by  any  treaty, 
law,  or  proclamation  of  the  President,  for  any  purpose.  ^ 

Second.  Lauds  included  within  the  limits  of  any  incorpo- 
rated town,  or  selected  as  the  site  of  a  city  or  town.  ^ 

Third.  Lands  actually  settled  and  occupied  for  purposes 
of  trade  and  business,  and  not  for  agriculture.  ^ 

Fourth.  Lands  on  which  are  situated  any  known  salines 
or  mines.  * 

•  5  Stat.  455 ;  19  id.  221 ;  R.  S.  2258. 

1  Barnard  v.  Ashley,  18  How.  43 ;  Hale  v.  Gaines,  22  id.  144 ;  Wil- 

cox V.  Jackson,  13  Pot.  498  ;  U.  S.  v.  Fitzgerald,  15  id.  407  ;  Min- 
nesota V.  Bachelder,  1  Wall.  109 ;  Shepley  v.  Cowan,  1  Otto,  330 ; 
Van  Reynegan  v.  Bolton,  5  id.  33 ;  Hosmer  v.  Wallace,  7  id.  575 ; 
Trenouth  v.  San  Francisco,  10  id.  251;  Wolsey  v.  Chapman,  S.C., 
Oct.  T.  1879.  Turner  v.  Missionary  Union,  5  McLean,  C.  C.  344 ; 
U.  S.  V.  Railway  Bridge  Co.,  6  id.  517 ;  Dupas  v.  Wassel,  1  Dillon, 
C.  C.  213;  Russell  v.  Beebe,  1  Hemp.  C.  C.  704.  Josephs  v.  U.  S. 
1  N.  and  H.  197;  Johnson  v.  U.S.  2  id.  391.  2  Op.  Att.  Gen. 
42,  578 ;  10  id.  56.  Bellows  v.  Todd,  34  Iowa,  18 ;  Fen  wick  v. 
Gill,  38  Mo.  510 ;  Gaines  v.  Hale,  16  Ark.  9 ;  same  case,  26  id.  168;  ; 

Marks  v.  Dickson,  10  La.  Ann.  597  ;  McConnell  v.  Wilcox,  1  Scam. 
(His.)  344 ;  Smith  v.  Goodell,  66  Ills.  450  ;  Woodv.  Railway  Co.,  11 
Kansas,  323 ;  Eli  v.  Frisbie,  17  Cal.  250  ;  Mahoney  v.  Van  Winkle, 
21  id.  552 ;  Page  v.  Hobbs,  27  id.  484 ;  Carpenter  v.  Sargent,  41  id. 
557.     Decision  Sec.  Int.,  April  15,  1880. 

2  Kissell  V.  St.  Louis  Pub.  Schools,  18  How.  19 ;  Stark  v.  Starrs,  6 

Wall.  402.  Root  v.  Shields,  1  Woolw.  C.  C.  340.  Smiley,  v.  Samp- 
son, 1  Neb.  56 ;  Towslev  v.  Johnson,  1  id.  95 ;  Nevada  v.  Rhodes, 
4  Nev.  312.  Decisions  Sec.  Int.,  June 5, 1876;  July  26, 1876;  Nov. 
5, 1878 ;  Oct.  1,  1879. 

3  Op.  Att.  Gen.,  July  3, 1871;  July  24,  1871;  Aug.  5,1871;  Sept.  27, 

1871.     Decisions  Sec.  Int.,  July  24,  1871 ;  Nov.  5, 1878. 
-•  U.  S.  V.  Gear,  3  How.  120 ;  Morton  v.  Nebraska,  21  Wall.  660.    De- 
cision Sec.  int.,  Feb.  5, 1878. 

Sec.  176.  Every  person,  being  the  head  of  a  family,  or  Persoiuentitied 
widow,  or  single  person,  over  the  age  of  twenty-one  years,  *°p'^®-*'°*p^"'°- 
and  a  citizen  of  the  United  Stales,  or  having  filed  a  declara- 
tion of  intention  to  become  such,  as  required  by  the  natu- 
ralization laws,  who  has  made,  or  hereafter  makes,  a  settle- 
ment in  person  on  the  public  lands  subject  to  pre-emption, 
and  who  inhabits  and  improves  the  same,  and  who  has 
erected  or  shall  erect  a  dwelling  thereon,  is  authorized  to 
enter  with  the  register  of  the  land  office  for  the  district  in 
which  such  land  lies,  by  legal  subdivisions,  any  number  of 
acres  not  exceeding  one  hundred  and  sixty,  or  a  quarter- 
eeotion  of  land^  to  include  the  residence  of  such  claimant, 


<0  IMJK-EMPTIOXS. 

upon  paying  to  the  riiited  States  the  ininiinuiij  ])nec  of  siicb 
land. 

5  Stat.  4r.:) ;  Id  id.  IIM,  t>lM,  :VX\ ;  ID  id.  r.,  4(11,  .l(i:> ;  K.  S.  227^9.  Lytlo 
r.  Arkansas,  'J  How.  ;U1 ;  Bunianl  r.  Asliloy,  IS  id.  V.i;  Garland t'. 
"Wvnn,  'JO  id.  (> ;  Gazzani  r.  riiillips'  Lessee,  20  n/.  ;572;  Limlsey 
r.  Hawes,  -J  Black,  fK.! ;  Ihij^hea  i-,  U.S.,  1  Wall.  23-2;  Fiishio  t<. 
Whitney,'.!  id.  lf^7 ;  llutchings  r.  Low,  15  id.  77;  Fergnson  v. 
McLaughlin,  0  Otto,  174  ;  Ilosmer  v.  Wallace,  7  ((/.  575,  Gimmy 
V.  Cnlverson,  5  Saw.  C.C.  t>05;  Root  v.  Shields,  1  Woolw.  C.  C. 
340.  [\  Op.  Att.  Gen.  90, 12(i,  182, 303, 5G3  ;  4  id.  147  ;  5  id.  551 ;  7  id. 
G47, 740 ;  10  id.  5(3.  Ly tie  r.  Arkansas,  12  Ark.  U ;  Kelly  v.  Wallaco, 
14Minn.  23G;  Davis  r.  O'Fenall,  4  Greeu  (Iowa),  35«;  McDowell 
r.  Morgan,  2rf  Ills.  528;  Towsley  v.  Johnson,  1  Neh.  *J5;  Stark  v. 
Baldwin,  7  id.  114;  McFarland  v.  Culbertsou,  2Nev.  280;  Ely  v. 
Ellington,  7  Mo.  302;  Pago  v.  Hobbs,  27  Cal.  484;  Kile  p.  Tiibba, 
28  id.  402 ;  Quinn  r.  Kenvon,  38  id.  491) ;  Iburg  v.  Suanet,  47  id. 
265;  Biirrell  r.  How,  48  'id.  223.  Decisions  Sec.  Int.,  April  23, 
18G3;  Jnlv  12,  1871 ;  June  (5,  1872;  Oct.  25,  1873;  May  20,  1874; 
May  31, 1875 ;  Jan.  24, 187G ;  March  8, 1877  ;  Feb.  13, 1878 ;  April  3, 
1878;  Sept.  21,  1879.  Decisions  Com.  G.  L.  O.,  May  12,  1857; 
June  6, 1872;  Sept.  14, 1874 ;  Oct.  13,  1874 ;  April  4,  1879. 

Pcreonflnoten.     Sec.  177.  The  following  classGS  of  person.s,  unless  other- 
auedtopre^mp-^^ggj  Specially  provided  for  bylaw,  shall  not  acquire  any 
right  of  pre-emption  under  the  pro\'isions  of  the  preceding 
section,  to  wit : 

First.  Iso  person  who  is  the  proprietor  of  three  hundred 
and  twenty  acres  of  land  in  any  State  or  Territory.^ 

Second.  Xo  person  who  quits  or  abandons  his  residence 
on  his  own  land  to  reside  on  the  public  lands  in  the  same 
State  or  Territory .^ 

5  Stat.  455 ;  K.  S.  22G0. 

1  Decision  Sec.  Int.,  April  24,  1873.     Decision  Com.  G.  L.  O.,  Oct. 

11,  1879. 
"Decisions  Com.  G.  L.  O.,  Jan.  12,  1857;  Oct.  11,  1879. 

Limitation  of  Sec.  178.  ]!sro  ijcrson  Shall  be  entitled  to  more  than  one 
5^it*™^^'°° pre-emptive  right  by  virtue  of  the  provisions  of  section 
one  hundred  and  seventy-six;  nor  where  a  party  has  filed 
his  declaration  of  intention  to  claim  the  benefits  of  such 
provisions,  for  one  tract  of  land,  shall  he  file,  at  any  future 
time,  a  second  declaration  for  another  tract. 

5  Stat.  455,  G20 ;  R.  S.  2261.  Johnson  v.  Towsley,  13  Wall.  72. 
Smiley  v.  Sampson,  1  Nel).  56  ;  Stark  v.  Baldwin,  7  id.  114 ;  Mont- 
gomery r.  Whiting,  40  Cal.  294.     Decisions  Sec.  Int.,  June  G,  1876 ; 

•  Aug.  7,  1876;  Dec.  18, 187G;  Juno  2,  lh77;  May 21,  1879.  Decisions 
Com.  G.  L.  O.,  June  29,  1874;  April  18,  1877;  Sept.  18,  1877. 

Oath  of  pre.  Sec.  179.  Before  any  person  claiming  the  benefit  of  this 
flSS'?°penaity.^"  chaptcr  is  allowed  to  enter  lands,  he  shall  make  oath  before 
the  receiver  or  register  of  the  land  district  in  which  the  land 
is  situated  that  he  has  never  had  the  benefit  of  any  right  of 
pre-emption  under  section  one  hundred  and  seventy-six;  that 
he  is  not  the  owner  of  three  hundred  and  twenty  acres  of 
land  in  any  State  or  Territory ;  that  he  has  not  settled  upon 
and  improved  such  land  to  sell  the  same  on  speculation,  but 
in  good  faith  to  ajipropriate  it  to  his  own  exclusive  use ;  and 
that  he  has  not,  directly  or  indirectly,  made  any  agreement 
or  contract,  in  any  way  or  manner,  with  any  person  what- 
soever, by  which  the  title  which  he  might  acquire  from  the 
Government  of  the  United  States  should  inure  in  whole  or  in 
part  to  the  benefit  of  any  person  except  himself;  and  if  any 


PRE-EMPTIONS.  71 

person  taking  such  oath  swears  falsely  in  the  premises,  he 
shall  forfeit  the  money  which  he  may  have  paid  for  such 
land,  and  all  right  and  title  to  the  same ;  and  any  grant  or 
conveyance  which  he  may  have  made,  except  in  the  hands 
of  bona-fide  purchasers,  for  a  valuable  consideration,  shall 
be  null  and  void,  except  as  provided  in  section  two  hundred 
and  ten.  And  it  shall  be  the  duty  of  the  ofidcer  administer- 
ing such  oath  to  file  a  certificate  thereof  in  the  public  land 
office  of  such  district,  and  to  transmit  a  duplicate  copy  to 
the  General  Laud  Office,  either  of  which  shall  be  good  and 
sufficient  evidence  that  such  oath  was  administered  accord- 
ing to  law. 

The  affidavit  required  by  this  section  maybe  made  before  ^inai  proof 
the  clerk  of  the  county  court  or  of  any  court  of  record,  of  ™f*comV«>urL^ 
the  county  and  State  or  district  and  Territory  in  which  the 
lands  are  situated  5  and  if  the  lands  are  situated  in  any  un- 
organized county,  the  affidavit  may  be  made  in  a  similar 
manner  in  any  adjacent  county  in  said  State  or  Territory, 
and  the  affidavit  so  made  and  duly  subscribed  shall  have 
the  same  force  and  effect  as  if  made  before  the  register  or 
receiver  of  the  proper  land  district  5  and  the  same  shall  be 
transmitted  by  such  clerk  of  the  court  to  the  register  and 
receiver  with  the  fee  and  charges  allowed  by  law. 

5  Stat.  456  ;  act  of  June  9,  1880 ;  R.  S.  2262.  Thredgill  v.  Pintarcl,  12 
How.  24;  Garland  v.  Wynn,  20  id.  6;  Harkness  v.  Underhill,  1 
Black,  316;  Myers  v.  Croft,  13  Wall.  291 ;  Easley  v.  Kellom,  14  id. 
279;  Lamb  xk  Davenport,  IS  id.  307  ;  Hosmer  v.  Wallace,  7  Otto, 
575.  Dorman  v.  Ames,  1*2  Minn.  451 ;  Smith  v.  Sackett,  15  Ills. 
528 ;  Miller  v.  Thomas,  14  id.  428 ;  Ainsworth  v.  Miller,  20  Kansas, 
220;  Wedekind  v.  Craig,  S.  C.  Gal.,  Aug.  7,  1880,  in  manuscript. 
Decisions  Sec.  Int.,  Oct.  19,  1872;  March  11,  1874  ;  Sept.  18,  1874  ; 
Oct.  12,  1874;  Feb.  22,  1875;  Nov.  30,  1875;  June  28,  1876;  Feb. 
29,  1876 ;  Fob.  26,  1877  ;  March  19,  1880;  May  17,  1880.  Decisions 
Com.  G.  L,  O.,  July  13,  1877;  Oct.  11,  1879. 

Sec.  180.  That  before  final  proof  shall  be  submitted  by  Noticeof  inten- 
any  person  claiming  to  enter  agricultural  lands  under  the  ^^^^^  makeflnaife 
laws  providing  for  pre-emption  entries,  such  person  shall  file 
with  the  register  of  the  proper  land  office  a  notice  of  his  or 
her  intention  to  make  such  proof,  stating  therein  the  descrip- 
tion of  lands  to  be  entered,  and  the  names  of  the  witnesses 
by  whom  the  necessary  facts  will  be  established. 

20  Stat.  472. 

Sec.  181.  Upon  the  filing  of  the  notice  required  by  the  Pubiioation  ot 
preceding  section  the  register  shall  pubUsh  a  notice,  that  "o^co  of  entry, 
such  application  has  been  made,  once  a  week  for  the  period 
of  thirty  days,  in  a  newspaper  to  be  by  Idm  designated  as 
l^ublished  nearest  to  such  land,  and  ho  shall  also  post  such 
notice  in  some  conspicuous  place  in  his  office  for  the  same 
period.  Such  notice  shall  contain  the  names  of  the  witnesses 
as  stated  in  the  application.  At  the  expiration  of  said  period 
of  thirty  days  the  claimant  shall  bo  entitled  to  make  proof 
in  the  manner  provided  by  law.  The  Secretary  of  the  In- 
terior shall  make  all  necessary  rules  for  giving  effect  to  the 
foregoing  provisions. 

20  Stat.  472.     14  Op.  Att.  Gen.  601. 

Sec.  182.  Prior  to  any  entries  being  made  under  and  by 


72  PRE-EMPTIONS. 

ProofofaMtio  virtue  of  the  pioNisioiis  of  section  one  liundied  and  sev- 
"^{'of  p"|,,uj,;enty-six,  proof  of  the  settlement  and  inii)rovemcjit  thereby 
tion right*.  required  sliall  be  made  to  the  satisfaction  of  tlio  register 
and  receiver  of  the  hind  district  in  which  sueli  hinds  lie, 
agreeably  to  such  rules  as  may  be  prescribed  by  the  Secre- 
tary of  the  Interior;  and  all  assignments  and  transfers  of 
the  right  hereby  secured,  prior  to  the  issuing  of  the  patent, 
shall  be  null  and  void. 

5  Stat.  4.')t) ;  R.  S.  22G:i  Lytlo  r.  Arkansas,  9  How.  314  ;  Thredgill 
r.  Pintard,  1'2  id.  ~'l ;  Cuuuinghain  v.  Ashley,  14  id.  377  ;  Garland 
r.  "VVvnii,  '20  id.  0 ;  Marks  r.  Dickson,  20  id.  501 ;  Lvtlo  r.  Arkansas, 
2*2  id.  11)3;  llarknoss  r.  Undorhill,  1  Black,  3li".;  Litchfield  v. 
Register  et  «/.,  i»  Wall.  575  ;  Myers  v.  Crolfr,  13  id.  291 ;  Easley  i-. 
Kelloni,  14  id.  279  :  IIutchingH  r.  Low,  15  id.  77  ;  Lamb  ?'.  Daven- 

Sort,  18  id.  307.  Root  v.  Shields,  1  Woolw.  C.  C.  340;  Kellom  v. 
lasley,  1  Dillon,  C.  C.  281.  1  Op.  Att.  Gen.  291 ;  2  id.  42 ;  3  id. 
91 ;  id  id.  5G.  Lytle  v.  Arkansas,  12  Ark.  9 ;  Keller  r.  Belleandeau, 
6  La.  Ann.  (543 ;  Strong  v.  Rachal,  1(5  La.  232 ;  Kellam  v.  Riplev, 
3  Rob.  (La.)  138  ;  McElyea  v.  Ilayter,  2  Port.  (Ala.)  148 ;  Lamont 
V.  Stimson,  3  Wis.  545 ;  "Challefaut  v.  Griguon,  4  id.  354  ;  Camp  v. 
Smith,  2  Minn.  155 ;  Evans  v.  Fulsom,  5  id.  422 ;  Bruggennan  v. 
Peter,  7  id.  337 ;  Randall  r.  Edert,  7  id.  450 ;  McCno  v.  Smith,  9 
id.  252 ;  Ferguson  v.  Kumbler,  11-  id.  184 ;  Kelly  v.  Wallace,  14  id. 
236 ;  Woodbury  v.  Dorman,  15  id.  338 ;  Jones  v.  Tainter,  15  id. 
512  ;  Sharon  v.  Woolrick,  18  id.  354 ;  Marshall  v.  Bush,  Morris 
(Iowa),  275 ;  Pierson  v.  David,  1  Iowa,  24 ;  Snow  v.  Flannery,  10 
id.  318;  Deland  v.  Day,  45  id.  37  ;  Carr  v.  Allison,  5  Blackf.  (Ind.) 
63 ;  Doe  v.  Hayes,  1  Ind.  247 ;  Sumner  v.  Coleman,  23  id.  91 ;  Mc- 
Connell  v.  Wilcox,  1  Scam.  (Ills.)  344;  Gray  v.  McCance,  14  Ills. 
343 ;  McDowell  v.  Morgan,  28  id.  528  ;  Baty  v.  Sale,  43  id.  351 ; 
Robbinsr.  Brown,  54  id.  48;  Towsley  r.  .Johnson,  1  Neb.  95;  Frank- 
lin r.  Kelly,  2  id.  79 ;  McKean  v.  CraVford,  G  Kansas,  112 ;  McKean 
t'.  Meassley,  6  id.  122;  Ainsworth  v.  Miller,  20  id.  220;  Lapham  v. 
Hend,  21  id.  332 ;  Rose  r.  Treadwav,  4  Nev.  455 ;  Treadway  v. 
Wilder,  8  id.  91;  Tartar  i-.  Hall,  3  Cal.  263;  Larue  v.  Gaskins,  5 
id.  164 ;  Whiting  v.  Buckman,  13  id.  536 ;  Page  v.  Fowler,  23  id. 
605  ;  Megerlo  t'.  Ashe,  33  id.  74  ;  Qninn  v.  Kenyon,  38  id.  499 ; 
Damrell  v.  Meyer,  40  id.  166 ;  Moore  v.  Besse,  43  id.  511 ;  Thurston 
V.  Alva,  45  id.  16  ;  Hudson  v.  Johnson,  45  id.  21 ;  Iburg  v.  Suanet, 
47  id.  265 ;  Huston  v.  Walker,  47  id.  484  ;  Burrell  v.  How,  48  id. 
223;  Snow  v.  Kimmer.  52  id.  624;  Douglas  v.  Gould,  .52  tU  656;  DUla 
f.  Bohall,  S.  C.  Cal.,  Nov.T.  1879;  Chapman  v.  Quinn,  S.  C.  Cal., 
March  13,  1880 ;  Paulding  ?;.  Grinslay,  10  Mo.  135.  Decisions  Sec. 
Int.,  April  25,  1872;  Feb.  18,  1874;  March  9,  1875;  Jan,  31,  1876; 
April  27,  1876 ;  May  17,  1876 ;  May  18, 1876  ;  May  25,  1876  ;  Dec.  9, 
1876;  Feb.  7,  1877;  March  21,  1877;  March  21, 1878 ;  Nov.  13,  1878. 

•eSSSnWiS  ^^^'  ^^^'  Every  claimant  under  the  pre-emption  law  for 
proclaimed  for  land  not  yet  proclaimed  for  sale  is  required  to  make  known 
•^*'  his  claim  in  writing  to  the  register  of  the  i^roper  land  office 

within  three  months  from  the  time  of  the  settlement,  giving 
the  designation  of  the  tract  and  the  time  of  settlement; 
otherwise  his  claim  shall  be  forfeited  and  the  tract  awarded 
to  the  next  settler,  in  the  order  of  time,  on  the  same  tract  of 
land,  who  has  given  such  notice  and  otherwise  complied 
"with  the  conditions  of  the  law. 

5  Stat.  620;  R.  S.  2265.  Johnsonv.  Towslev.  13  Wall.  72;  Moorev.  Rob- 
bins,  6  Otto,  5.30.  9  Op.  Att.  Gen.  515.  Decisions  Sec.  Int.,  Sept.  6, 
1873 ;  Feb.  6, 1874 ;  June  2,  1876 ;  Jan.  24, 1877 ;  Mav  2, 1877  ;  March 
21,  1878;  April  19,  1876.     Decision  Com.  G.  L.  O.,  May  20,  1880. 

flild'*b™®°ettier  ^^^'  ^^'^'  ^^^u  any  person  settles  or  improves  a  tract  of 
with  ^te^nt  t^oiand  subject  at  the  time  of  settlement  to  private  entry,  and 
^Ig'^g^^jg^;/'"  intends  to  purchase  the  same  under  the  preceding  pro  vis- 
private  entry,     ious  of  this  chapter,  he  shall,  Avithiii  thirty  days  after  the 


PRE-EMPTIONS.  73 

date  of  such  settlement,  file  with  the  register  of  the  proper 
district  a  written  statement,  describing  the  land  settled  upon 
and  declaring  his  intention  to  claim  the  same  under  the 
pre  emption  laws ;  and  he  shall,  moreover,  within  twelve 
months  after  the  date  of  such  settlement,  make  the  proof, 
affidavit,  and  payment  hereinbefore  required.  If  he  fails 
to  file  such  written  statement,  or  to  make  such  affidavit, 
proof,  and  payment  within  the  several  periods  named  above, 
the  tract  of  land  so  settled  and  improved  shall  be  subject  to 
the  entry  of  any  other  pirrchaser. 

5  Stat.  457 ;  E.  S.  2264.  Clements  v.  Warner,  24  How.  394;  John- 
sou  V.  Towsley,  13  Wall.  72 ;  Moore  v.  Robbins,  6  Otto,  530.  4  Op. 
Att.  Gen.  493;  9  id.  515.  Lytle  v.  Arkansas,  17  Ark.  608;  Godeau 
V.  Phillips,  3  La.  59;  Orillion  v.  Delande,  9  id.  53;  Kitteridge  v. 
Brenand,  4  Eob.  (La.)  79  ;  Landeling  v.  Vester,  20  La.  Ann.  433; 
Baty  V.  Sale,  43  Ills.  351 ;  Smiley  v.  Sampson,  1  Neb.  56 ;  Stalmacker 
V.  Morrison,  6  id.  363 ;  Perry  v.  O'Hanlon,  11  Mo.  373 ;  Kenyon  v. 
Quinn,  41  Cal.  325 ;  Low.  v.  Hutchings,  41  id.  643 ;  McDonald  v. 
Edmonds,  44  id.  328 ;  Townsend  v.  Little,  45  id.  673 ;  Hess  v.  Bal- 
inger,  48  id.  349 ;  Rosecrans  v.  Douglass,  52  id.  213.  Decisions 
Sec.  Int.,  July  17,  1871;  Dec.  28,  1871;  April  10, 1873.  Decisions 
Com.  G.  L.  O.,  Jan.  12,  1857;  Jan.  21,  1880. 

Sec.  185.  In  regard  to  settlements  which  are  authorized    Declaratory 
upon  unsurveyed  lands,  the  pre-emption  claimant  shall  be  tiers^on*  wJui. 
in  all  cases  required  to  file  his  declaratory  statement  within ^eyed  lands, 
three  months  from  the  date  of  the  receipt  at  the  district  ^  ®° 
land  office  of  the  approved  plat  of  the  township  embracing 
such  pre-emption  settlement. 

12  Stat.  410 ;  R.  S.  2266.  Lansdale  v.  Daniels,  10  Otto,  113.  9  Op. 
Att.  Gen.  515.  Wynn  v.  Morris,  16  Ark.  414 ;  Robinson  v.  Forrest, 
29  Cal.  317 ;  Mege'rle  v.  Ashe,  33  id.  74 ;  Damrell  v.  Meyer,  40  id. 
166 ;  Holliushed  t).  Simms,  51  id.  158 ;  Pope  v.  Athearn,  42  id.  606 ; 
Collins  V.  Bartlett,  44  id.  371.  Decisions  Sec.  Int.,  May  21,  1875; 
Jan.  15,  1878;  July  2,  1879.  Decisions  Com.  G.  L.  O.,  Jan.  12, 
1857  ;  May  15,  1874  ;  June  16,  1874  ;  Jan.  20,  1880. 

Sec.  186.  All  claimants  of  pre-emption  rights,  under  the    Pre-emption 
two  preceding  sections,  shall,  when  no  shorter  time  is  pre-  o'/^aS^g  pS 
scribed  by  law,  make  the  proper  proof  and  payment  for  the  and  payment. 
lands  claimed  within  thirty  months  after  the  date  prescribed 
therein,  respectively,  for  filing  their  declaratory  notices,  has 
expired. 

16  Stat.  279,  604 ;  18  id.  52,  81 ;  19  id.  55 ;  R.  S.  2267.  Doe  v.  Steph- 
enson, 9  Ind.  144.  Decisions  Sec.  Int.,  Nov.  21,  1878;  Feb.  28, 1879; 
May  21,  1879;  June  5,  1880.     Decisions  Com.  G.  L.  0.,  March  8, 

1878;  Sept.  25,  1879. 

Sec.  187.  When  a  pre-emption  claimant  shall  file  a  written    Lands  reiin- 
relinquishment  of  his  claim  in  the  local  land  office,  the  land  cmptor^snbjectt^ 
covered  by  such  claim  shall  be  held  open  to  settlement  and  entry  at  once, 
entry  without  further  action  on  the  part  of  the  Commissioner 
of  the  General  Land  Office. 

Act  of  May  14, 1880.    Cir.  G.  L.  O.,  May  25, 1880. 

Sec.  188.  In  all  cases  where  any  person  has  contested.  Party  contest- 
paid  the  land  office  fees  and  procured  the  cancellation  of  j,'\ft?y®toTo'^ 
any  pre-emption  entry,  he  shall  be  notified  by  the  register  lowod  thirty  days 
of  tlie  land  office  of  the  district  in  wliicli  such  land  is  sit-  canVoiiation  to 
uated  of  such  cancellation,  and  shall  be  allowed  thirty  days  ^^i^o  entry, 
from  date  of  such  notice  to  cuter  such  lands ;  and  the  regis- 
ter shall  be  entitled  to  a  fee  of  one  doUar  for  giving  such 


74  PRE-KMPTIONS. 

notice,  to   bo   i)ai(l   by  llic  contestant,  and  not  to  be  ro- 
portea. 

Act  of  May  14, 1880.    Cir.  G.  L.  O. ,  May  25, 1880. 
Publication  of     Sec.  180.  Tlic  noticcs  of  coiitcst  provided  by  law  under 
rn'pre'-cmpti^^n ^^^^  IMVoinption  laws  shall  be  printed  in  some  ncwspai)cr 
cases.  printed  in  the  county  where  the  land  in  contest  lies;  and  if 

no  newspaper  be  printed  in  such  county,  then  in  the  news- 
paper printed  in  the  county  nearest  to  such  land. 

20  Stat.  01.     14  Op.  Att.  Gen.  GOl. 

Extension  of     Sec.  100.  Where  a  pre-emptor  has  taken  the  initiatory 

tune   In    certain     ,  -iii  •  -.,  .,...  .,.'' 

casos  to  persons  stcps  required  by  law  in  rej^ard  to  actual  settlement,  and  is 
Mvau^ic*"'^  called  away  from  such  settlement  by  being  engaged  in  the 
military  or  naval  service  of  the  United  States,  and  by  rea- 
son of  such  absence  is  unable  to  appear  at  the  district  land 
oliice  to  make  before  the  register  or  receiver  the  affidavit, 
proof,  and  payment,  respectively,  required  by  the  preced- 
ing provisions  of  this  chapter,  the  time  for  filing  such  affi- 
davit and  making  final  proof  and  entry  or  location  shall  be 
extended  six  months  after  the  expiration  of  his  term  of  serv- 
ice, upon  satisfactory  proof  by  affidavit,  or  the  testimony  of 
witnesses,  that  such  pre-emptor  is  so  in  the  service,  being 
filed  with  the  register  of  the  laud  office  for  the  district  in 
which  his  settlement  is  made. 

13  Stat.  35;  R.  S.  2208.  Decision  Sec.  Int.,  Jan.  25,  1879.  Decis- 
ions Com.  G.  L.  0.,  May  18, 1866;  Marcli  8,  1875.  Cir.  G.  L.  O., 
April,  1864. 

Death^before  Sec.  191.  Where  a  party  entitled  to  claim  the  benefits  of 
cta1m?™ho^'to  tlie  pre-emption  laws  dies  before  consummating  his  claim, 
complete,  6co.  \)j  filing  in  duc  time  all  the  papers  essential  to  the  estab- 
lishment of  the  same,  it  shall  be  competent  for  the  executor 
or  administrator  of  the  estate  of  such  party,  or  one  of  the 
heirs,  to  file  the  necessary  papers  to  complete  the  same ; 
but  the  entry  in  such  cases  shall  be  made  in  favor  of  the 
heirs  of  the  deceased  pre-emptor,  and  a  patent  thereon  shall 
cause  the  title  to  inure  to  such  heirs,  as  if  their  names  had 
been  specially  mentioned. 

5  Stat.  620  ;  R.  S.  2269.  Galloway  v.  Finley  et  al.,  12  Pet.  264 ;  Dav- 
enport r.  Lamb,  13  Wall.  418.  "^1  Op.  Att.  Gen.  361.  McDaniel  v. 
Grace,  15  Ark.  465:  Faver  r.  Levi,  Morris  (Iowa),  372;  Cullen  v. 
Riley,  7  Iowa,  517:  Longworthy  r.  Heeb,  46  ttZ.  64;  Grove  v.  Ful- 
some, 16  Mo.  543.  Decisions  Sec.  Int.,  March  3, 1875;  April  18, 1876. 
Decision  Com.  G.  L.  O.,  Aug.  17,  1878.  1  Lester's  L.  L.  430,  464, 
465. 

Pre-emption  en-  Sec.  192.  In  all  cascs  in  which  parties  who  regularly  initi- 
pereons  conft[?n°  ^tcd  clalms  to  public  lauds  as  settlers  thereon  according 
ed  in  certain  to  the  provisions  of  the  pre-emption  laws,  have  become  in- 
sane or  shall  hereafter  become  insane  before  the  expira- 
tion of  the  time  during  which  their  residence,  cultivation, 
or  improvement  of  the  laud  claimed  by  them  is  required  by 
law  to  be  continued  in  order  to  entitle  them  to  make  the 
proper  proof  and  perfect  their  claims,  it  shall  be  lawful  for 
the  required  proof  and  payment  to  be  made  for  their  ben- 
efit by  any  person  who  may  be  legally  authorized  to  act  for 
them  during  their  disability,  and  thereupon  their  claims 
shall  be  confirmed  and  patented,  provided  it  shall  be  shown 
by  proof  satisfactory  to  the  Commissioner  of  the  General 


PEE-EMPTIONS.  75 

Land  Office  that  the  parties  complied  in  good  faith  with  the 
legal  requirements  up  to  the  time  of  becoming  insane. 
Actof  Junes,  1880. 

Sec.  193.  Whenever  the  vacancy  of  the  office  either  of  Non-compiianc© 
register  or  receiver,  or  of  both,  renders  it  impossible  for  the  w^yacMcyln^o^ 
claimant  to  comply  with  any  requisition  of  the  pre-emption  flee  of  register  or 
laws  within  the  appointed  time,  such  vacancy  shall  not  ope-  focr&c.^°*^*"^' 
rate  to  the  detriment  of  the  party  claiming,  in  respect  to  any 
matter  essential  to  the  establishment  of  his  claim ;  but  such 
requisition  must  be  complied  with  within  the  same  period 
after  the  disability  is  removed  as  would  have  been  allowed 
had  such  disability  not  existed. 

5  Stat.  620 ;  R.  S.  2270. 

Sec.  194.  The  provisions  of  this  chapter  shall  be  so  con-   No  pre-emption 
strued  as  not  to  confer  on  any  one  a  right  of  pre-emption,  not  coi^rmedby 
by  reason  of  a  settlement  made  on  a  tract  theretofore  dis-  ^^^^  Office, 
posed  of,  when  such  disposal  has  not  been  confirmed  by  the 
General  Land  Office,  on  account  of  any  alleged  defect  therein. 

5  Stat.  534;  R.S.2271. 

Sec.  195.  Nothing  in  the  provisions  of  this  chapter  shall  private  entry  al 
be  construed  to  preclude  any  person,  who  may  have  filed  a  ter  expiration  of 
notice  of  intention  to  claim  any  tract  of  land  by  pre-emp-Pig^t'®°^P*^°'* 
tion,  from  the  right  allowed  by  law  to  others  to  purchase 
such  tract  by  private  entry  after  the  expiration  of  the  right 
of  pre-emption. 

5  Stat.  621 ;  R.  S.  2272. 

Sec.  19G.  When  two  or  more  persons  settle  on  the  same  ^hl^^ne  s^tti'^r* 
tract  of  land,  the  right  of  pre-emption  shall  be  in  him  who  rights  of;  appeal^ 
made  the  first  settlement,  provided  such  person  conforms  to  ^^se^tal^°of 
the  other  provision  of  the  law ;  and  all  questions  as  to  the  interior, 
right  of  pre-emption  arising  between  different  settlers  shall 
be  determined  by  the  register  and  receiver  of  the  district 
within  which  the  land  is  situated ;  and  appeals  from  the  de- 
cision of  district  officers,  in  cases  of  contest  for  the  right  of 
pre-emption,  shall  be  made  to  the  Commissioner  of  the  Gen- 
eral Land  Office,  whose  decision  shall  be  final,  unless  ap- 
peal therefrom  be  taken  to  the  Secretary  of  the  Interior. 

5  Stat.  456 ;  11  id.  326 ;  R.  S.  2273.  Brown's  Lessee  v.  Clements,  3 
How.  650;  Lytle  t;.  Arkansas,  9  W.  314 ;  Cunninghams.  Ashley,  14 
id.  377;  Garland  v.  Wynn,  20  id.d;  Lytle  v.  Arkansas,  22  id.  193; 
Litchfield  v.  Register  and  Receiver,  9  Wall.  575 ;  Jolinson  v.  Tows- 
ley,  13  id.  72 ;  Warren  v.  Van  Brunt,  19  id.  646 ;  Shepley  v.  Cowan,  1 
Otto,  330.  Minnesota  v.  Bacliclder,  5  Minn.  223 ;  Warren  v.  Van 
Brunt,  12  id.  70 ;  Bird  v.  Ward,  1  Mo.  398 ;  Lewis  v.  Lewis,  9  id. 
183 ;  Heill  v.  Miller,  36  id.  182 ;  Gaines  v.  Hale,  16  Ark.  9 ;  Lytle  v. 
Arkansas,  17  id.  608;  Lamont  v.  Stimson,  3  Wis.  545  ;  Faber  v.  Levi, 
Morris  (Iowa),  372;  Jamison  v.  Doc,  4  Ills.  113;  Gray  i\  McCanco, 
14  id.  343  ;  McGee  v.  Wright,  16  id.  557  ;  Aldrich  v.  Aldrich,  37  id. 
32 ;  Burnett  v.  Farrar,  7  id.  558 ;  Baty  v.  Sale,  43  id.  351 ;  Robbina 
V.  Brown,  54  id.  48 ;  Rogers  v.  Brent,  5  Gill,  580 ;  Smiley  v.  Samp- 
son, 1  Neb.  .56 ;  Nevada  v.  Rhodes,  4  Nev.  312 ;  Calwell  v.  Smith,  1 
Wash.  T.  109 ;  Megerle  v.  Ashe,  33  Cal.  74 ;  Quinn  v.  Konyon,  38 
id.  499 ;  Burrell  v.  How,  40  id.  373 ;  Ilosmcr  v.  Wallace,  47  id.  461 ; 
Savings  Bank  v.  Hyms,  .50  id.  195 ;  Hesters  v.  Brcnnan,  50  id.  211 ; 
Vance  v.  Kohlburg,  50  id.  346 ;  Rutlcdgo  v.  Miirphey,  51  id.  389. 
Decisions  Sec.  Int.,  Nov.  14,  1874;  Juno  29,  1875;  Sept.  8,  1875; 
April  26,  1876;  July  11, 1876;  Oct.  25,  1876;  April  19,  1878;  June 
28,  1878;  Oct.  11,  1878;  Jan.  30,  1880;  April  29,  1880. 


7()  PKK-EMPTIONS. 

settiMucnta  of  Sec.  107.  Wlioii  sottlcnioiits  luivc  bcoii  iiiadc  111)011  ap;ri- 
6cmU>n^rmS«''ub- cultural  piiblic  laiuLs  of  the  United  States,  prior  to  the  siir- 
diviaion  beforo  yey  thereof,  aiul  it  has  been  or  shall  be  ascertained,  after 
•urvey.  ^^^  public  surve.vs  have  been  extended  over  such  lands,  that 

two  or  more  settlers  have  iiiiprovoments  upon  the  same  legal 
subdivision,  it  shall  bela^^i■ul  for  such  settlers  to  make  joint 
entry  of  their  lands  at  the  local  land  office,  or  for  either  of 
said  settlers  to  enter  into  contract  with  his  co-settlers  to 
convey  to  them  their  portion  of  said  land  after  a  patent  is 
issued  to  him,  and,  after  making  said  contract,  to  file  a  de- 
claratory statement  in  his  own  name,  and  prove  up  and  pay 
for  said  land,  and  proof  of  joint  occupation  by  himself  and 
others,  and  of  such  contract  with  them  made,  shall  be  equiv- 
alent to  proof  of  sole  occupation  and  pre-emption  by  the 
applicant :  Provided,  That  in  no  case  shall  the  amount  pat- 
ented under  this  section  exceed  one  hundred  and  sixty 
acres,  nor  shall  this  section  apply  to  lands  not  subject  to 
homestead  or  pre-emption  entry. 

17  Stat.  609 ;  R.  S.  2274.  Warren  v.  Van  Brunt,  19  Wall.  646.  Downes 
t'.  Scott,  3  Rob.  (La.)  84  ;  Snow  v.  Flannery,  10  Iowa,  318.  Decis- 
ions Sec.  Int.,  March  3,  1875 ;  Sept.  8,  1875 ;  July  8,  1876 ;  Sept. 
16,  1879.     Decision  Com.  G.  L.  O.,  June  8,  1874. 

y^SettiOTientebe-  gjjc.  198.  Where  settlements,  with  a  view  to  pre-emption, 
•©ctioM  Ye^or  3  °  have  been  made  before  the  survey  of  the  lands  in  the  field, 
toereot  *°°'^^  which  are  found  to  have  been  made  on  sections  sixteen  or 
thirty-six,  those  sections  shall  be  subject  to  the  pre-emption 
claim  of  such  settler;  and  if  they,  or  either  of  them,  have 
been  or  shall  be  reserved  or  pledged  for  the  use  of  schools 
or  colleges  in  the  State  or  Territory  in  which  the  lands  he, 
other  lands  of  like  quantity  are  appropriated  in  lieu  of  such 
as  may  be  patented  by  j)re-emptors ;  and  other  lands  are 
also  appropriated  to  compensate  deficiencies  for  school  pur- 
poses, where  sections  sixteen  or  thirty-six  are  fractional  in 
quantity,  or  where  one  or  both  are  wanting  by  reason  of  the 
township  being  fractional,  or  from  any  natural  cause  what- 
ever. 

11  Stat.  385;  18  id.  202;  R.  S.  2275.  Barnard  v.  Ashley,  18  How.  43; 
Minnesota  v.  Bachelder,  1  Wall.  109 ;  Sherman  r.  Bnick,  3  Otto, 
20'j ;  Water  and  Mining  Co.  v.  Bugbey,  6  id.  165.  Atheam  v.  Pope, 
25  Cal.  632;  Smith  v.  Athem,  34  id.  506;  Minnesota  v.  Bach- 
elder, 7  Minn.  121;  Layton  v.  Troxell,  11  Nev.  451.  Decisions 
Sec.  Int.,  March  14, 1862;  March 28,  1873;  March  10, 1876;  May  3, 
1879 ;  April  12,  1879 ;  June  22, 1880.  Decision  Com.  G.  L.  O.,  Dec. 
27,  1879. 

Selections  to  Sec.  199.  The  lands  appropriated  by  the  preceding  sec- 
^?8  of  elhifoi  tion  shall  be  selected,  within  the  same  land  district,  in  ac- 
lands.  cordance  with  the  following  principles  of  adjustment,  to 

wit:  For  each  township,  or  fractional  township,  containing  a 
greater  quantity  of  land  than  thi^ee-quarters  of  an  entire 
township,  one  section ;  for  a  fractional  township,  containing 
a  greater  quantity  of  land  than  one-half,  and  not  more  than 
three-quarters  of  a  township,  three-quarters  of  a  section; 
for  a  fractional  township,  containing  a  greater  quantity  of 
land  than  one-quarter,  and  not  more  than  one-half,  of  a 
township,  one  half-section ;  and  for  a  fractional  township, 
containing  a  greater  quantity  of  land  than  one  entire  section 


PRE-EMPTIONS.  77 

and  not  more  than  one-quarter  of  a  township,  one  quarter- 
section  of  land. 

4  Stat.  179;  11  id.  385;  18  id.  202 ;  R.  S.  2276. 

Sec.  200.  All  warrants  for  military  bounty-lands,  which  Miiitarybonnty 
are  issued  under  any  law  of  the  United  States,  shall  be  re-  ceivabi6^or**'rt 
ceived  in  payment  of  pre-emption  rights  at  the  rate  of  oneenTptfon'pa'y^ 
dollar  and  twenty-five  cents  per  acre,  for  the  quantity  of  ™®'"^- 
land  therein  specified ;  but  where  the  land  is  rated  at  one 
dollar  and  twenty-five  cents  per  acre,  and  does  not  exceed 
the  area  specified  in  the  warrant,  it  must  be  taken  in  full 
satisfaction  thereof. 

10  Stat.  3;  R.  S.  2277. 

Sec.  201.  Agricultural-college  scrip,  issued  to  any  State    Agricuiturai- 
under  the  act  approved  July  second,  eighteen  hundred  and  celilfbie^in^  a^ 
sixty -two,  or  acts  amendatory  thereof,  shall  be  received  ment  of  pre-emp- 
from  actual  settlers  in  payment  of  pre-emption  claims  in  the  *^""^- 
same  manner  and  to  the  same  extent  as  authorized  in  case 
of  military  bounty -land  warrants,  by  the  preceding  section. 
16  Stat.  186;  R.  S.  2278. 

Sec.  202.  No  person  shall  have  the  right  of  pre-emption  Pre-emption 
to  more  than  one  hundred  and  sixty  acres  along  the  line  of  limit  along  rku- 
railroads  within  the  Umits  granted  by  any  act  of  Congress.     ^"^    ^^^' 

10  Stat.  244;  18  id.  519;  R.  S.  2279. 

Sec.  203.  Any  settler  on  lands  heretofore  reserved  on    Pre-emption 
account  of  claims  under  French,  Spanish,  or  other  grants,  "gMs  onT^ids 
which  have  been  or  may  be  hereafter  declared  by  the  ^"ants^  found  in^ 
Supreme  Court  of  the  United  States  to  be  invalid,  shall  be  '*''*^^^- 
entitled  to  all  the  rights  of  pre-emption  granted  by  the 
preceding  provisions  of  this  chapter,  after  the  lands  have 
l3een  released  from  reservation,  in  the  same  manner  as  if  no 
reservation  had  existed. 

10  Stat.  244;  R.  S.  2280.  Mahoney  ».  Van  Winkle  33  Cal.  448; 
Umbarger  v.  Chaboya,  49  id.  525 ;  Rutledge  v.  Muxpney,  51  id.  389. 

Sec.  204.  All  settlers  on  public  lands  which  have  been    pre-emption 
or  may  be  withdrawn  from  market  in  consequence  of  pro-  "Sg*^^f  ^^ 
posed  railroads,  and  who  had  settled  thereon  prior  to  such  roads. 
withdrawal,  shall  be  entitled  to  pre-emption  at  the  ordinary 
minimum  to  the  lands  settled  on  and  cultivated  by  them : 
but  they  shall  file  the  proper  notices  of  their  claims  and 
make  proof  and  payment  as  in  other  cases. 

10  Stat.  269 ;  16  id.  279 ;  18  id.  519 ;  R.  S.  2281.  Baker  r.  Gee,  1 
Wall.  333;  Lansdale  v.  Daniels,  10  Otto,  113.  Railway  Co.  v. 
Baldwin,  7  Neb.  247;  Collins  v.  Bartlett,  44  Cal.  371;  Campbell 
V.  Buckman,  49  id.  362 ;  Weaver  v.  Fairchild,  50  id.  360.  Decis- 
ions Sec.  Int.,  Sept.  24, 1862;  July  31. 1872;  March  31, 1873;  Feb. 
18,  1874 ;  Sept.  10,  1874  ;  Sept.  li),  1874 ;  March  23,  1875 ;  March 
22,  1876;  Oct.  15,  1878;  July  2,  1879.  Decisions  Com.  G.  L.  O., 
Sept.  12, 1862 ;  Aug.  23,  1871 ;  Feb.  18,  1873 ;  March  12,  1873. 

Sec.  205.  Where  any  actual  settler  who  shall  have  paid  for  iii„ht  of  addi- 
any  lands  situate  witiiin  the  limits  of  any  grant  of  lands  *^'on'"io^'*t>^^^y 
by  Congress  to  aid  in  the  construction  of  any  railroad,  the^vithhf  uimts  of 
price  of  such  lands  being  fixed  by  law  at  double-minimum  ^J.^t**'^  railroad 
rates,  and  such  railroad  lands  having  been  forfeited  to  the 
United  States  and  restored  to  the  public  domain  for  failure 
to  build  such  railroad,  such  person  or  persons  shall  have 


78  PRE-EMPTIONS. 

the  right  to  locate,  on  any  unoccui)ie(l  lands,  au  amount 
eqnal  to  their  oriiiinal  ontry,  withont  fnrther  cost,  except 
suoh  loos  as  ;u"o  now  i)r()vi(lo(l  bylaw  in  pre-emption  cases; 
but  when  snch  U)oation  is  made  ui)on  (louble-miuimuui 
lauds,  one-hall"  the  amoiuit  only  shall  be  taken, 
le  Stat,  510. 

pn>^°mpUonTn  -     S^^'  -*^^-  ^^^  pre-omi)tiou  entries,  or  entries  in  compliance 

bies  within  mil  with  auy  hiw  of  the  United  States,  of  the  public  lands,  made 

J^tortlfrocoi^'roi  iu  good  faith,  by  actual  settlers,  upon  tracts  of  land  of  not 

n^ic*  of  with|iiiore  thau  one  hundred  and  sixty  acres  each,  within  the 

otflre.  '  limits  of  any  land  jjrant,  prior  to  the  time  when  notice  of 

the  withdrawal  of  the  lands  embraced  in  such  grant  was 

received  at  the  local  land  office  of  the  district  in  which  such 

lands  are  situated,  or  after  their  restoration  to  market  by 

order  of  the  General  Land  Office,  and  where  the  pre-emption 

laws  have  been  complied  with,  and  proper  proofs  thereof 

have  been  made  by  the  parties  holding  such  tracts  or 

parcels,  they  shall  be  confirmed,  and  patents  for  the  same 

shall  issue  to  the  parties  entitled  thereto. 

19  Stat.  35.  Decisions  Sec.  Int. ,  Au^?.  9, 1876 ;  Oct.  24, 1876 ;  Sept.  16, 
1876;  Jan.  27,  1877  ;  March  30,  1877;  Oct.  12, 1877;  Jan.  30,  1878; 
Feb.  7,  1878;  May  22, 1878;  June  3,  1878;  June  11,  1878;  Dec.  18, 
1878;  Dec.  20,  1878;  Jan.  25,  1879;  Jan.  31,  1879;  July  19,  1879; 
July  24,  1879 ;  Aug.  23,  1879 ;  Sept.  17,  1879 ;  Oct.  24,  1879 ;  Nov. 
13, 1879.  Decisions  Com.  G.  L.  O.,  Feb.  14, 1876;  Sept.  16, 1876; 
Jan.  3,  1878 ;  Aug.  2, 1878. 

railroad  grants  Sec.  207.  When  at  the  time  of  the  withdrawal,  as  stated 
abando^i^ent^^'^  ^  ^^^  preceding  section,  valid  pre-emption  claims  existed 
upon  any  lands  within  the  limits  of  any  such  grants  which 
afterward  were  abandoned,  and,  under  the  decisions  and 
rulings  of  the  Land  Department,  were  re-entered  by  pre- 
emption claimants  who  have  complied  with  the  laws  gov- 
erning pre-emption  entries,  and  shall  make  the  proper 
proofs  required  under  such  laws,  such  entries  shall  be 
deemed  valid,  and  patents  shall  issue  therefor  to  the  person 
entitled  thereto. 

19  Stat.  35.  Decisions  Sec.  Int.,  Aug.  17,  1876;  April  21, 1877;  May 
1,  1877;  May  3,  1877;  May  6, 1878;  June  27,  1878;  Aug.  14,  1878  ; 
Aug.  28,  1878  ;  Nov.  7,  1878 ;  Jan.  21,  1879 ;  March  14,  1879 ;  April 
4, 1879;  June  28,  1879;  July  23, 1879;  Oct.  16, 1879;  Dec.  13, 1879. 
Decision  Com.  G.  L.  O.,  Feb.  5, 1879.     Cir.  G.  L.  O.,  Nov.  7,  1871. 

Entries  made  Sec.  208.  All  such  pre-cmptiou  entries  which  may  have 
ofw^l^a^ts!""  ^6en  made  by  i^ermission  of  the  Land  Department,  or  in 
pursuance  of  the  rules  and  instructions  thereof,  within  the 
limits  of  any  land  gTant  at  a  time  subsequent  to  expira- 
tion of  such  grant,  shall  be  deemed  valid,  and  a  compliance 
with  the  laws  and  the  making  of  the  proof  required  shall 
entitle  the  holder  of  such  a  claim  to  a  patent  therefor. 
19  Stat.  35. 

ofe^t^bewmM  ^^^'  ^^^"  ^^-^  boua-fide  settler  under  the  homestead  or 
regLTer^o?™^  prc-emption  laws  of  the  United  States  who  has  filed  the 
■ceiver.  propcr  application  to  enter  not  to  exceed  one  quarter-section 

of  the  pubUc  lauds  in  any  district  laud  office,  and  who  has 
been  subsequently  appointed  a  register  or  receiver,  may 
perfect  the  title  to  the  land  under  the  pre-emption  laws  by 
furnishing  the  i^roofs  and  making  the  payments  required  by 


PEE-EMPTIONS.  79 

law,  to  the  satisfaction  of  the  Commissioner  of  the  General 
Land  Office. 

17  Stat.  10;  R.  S.  2287.  U.  S.  v.   Fitzgerald,  15  Pet.  407.  4  Op. 
Att.  Gen.  223 ;  7  id.  647. 

Sec.  210.  Any  person  who  has  already  settled  or  here-    night  of  trans- 
after  may  settle  on  the  public  lands,  either  by  pre-emption,  derhomelSfor 
or  by  virtue  of  the  homestead  law  or  any  amendments  pre-emption  laws 
thereto,  shall  have  the  right  to  transfer,  by  warranty  against  p1^^o'^^'^^^° 
his  own  acts,  any  portion  of  his  pre-emption  or  homestead 
for  church,  cemetery,  or  school  purposes,  or  for  the  right  of 
way  of  railroads  across  such  pre-emption  or  homestead,  and 
the  transfer  for  such  public  purposes  shall  in  no  way  vitiate 
the  right  to  complete  and  x)erfect  the  title  to  their  pre-emp- 
tions or  homesteads. 
17  Stat.  602;  R.  S.  2283. 

Sec.  211.  Nothing  contained  in  this  chapter  shall  delay  saieofiandnot 
the  sale  of  any  of  the  public  lands  beyond  the  time  appointed  *°  ^edeiayed,  sm. 
by  the  proclamation  of  the  President. 

5  Stat.  457  ;  R.  S.  2282.    Decision  Sec.  Int.,  Feb.  5,  1876. 

Note. — The  following  acts  authorizing  settlers  upon  the  pubUc  lands 
under  the  pre-emption,  homestead,  and  timber-culture  laws,  whose  crops 
were  destroyed  by  grasshojipers,  to  absent  themselves  temporarily  from 
their  lands,  &c.,  and  extending  the  time  for  making  final  proof,  have 
been  passed  from  time  to  time  by  Congress,  viz :  18  Stat.  81 :  19  id.  54, 
55,  59,  405;  20  id.  88,  169;  act  of  June  4,  1880. 


CHAPTER   EIGHT 


HOMESTEADS. 


'212.  Who  may  enter  certain  unappropri- 
ated lands. 
2l'-i.  Mode  of  procedure. 

214.  Pre-emption  filing  changed  to  home- 

stead entry. 

215.  Homestead  settlers  allowed  same  time 

as  pre-emptors  to  file  application 
for  lands. 

216.  Certificate  and  patent,  vrhen  given 

and  issued. 

217.  When  rights  inure  to  the  benefit  of 

infant  children. 
21"r.  Homestead  entries  of  insane  persons 
confirmed  in  certain  cases. 

219.  Persons  in  military  and  naval  service, 

■when  and  before  whom  to  make 
affidavit. 

220.  When  persons  may  make  affidavit 

before  clerk  of  court. 

221.  Record  of  applications. 

222.  Homestead  lands  not  to  be  subject  to 

prior  debts. 

223.  When  lands  entered  for  homesteads 

revert  to  Government. 

224.  Publication  of  notice  of  contest  in 

homestead  cases. 

225.  Notice  of  intention  to   make   final 

proof. 

226.  Publication  of  notice  of  entry. 

227.  Lands  covered  by  relinquished  home- 

stead claims  subject  to  entry  at 
once. 

228.  Party   contesting    homestead    entry 

allowed  thirty  days  after  notice  of 
cancellation  to  make  entry. 

229.  Limitation  of  amount   entered   for 

homestead. 

230.  Existing  pre-emption  rights  not  im- 

paired. 

231.  What  minors  may  have  the  privileges 

of  this  chapter. 

232.  Payment  before    expiration  of  five 

years ;  rights  of  applicant. 

233.  No  distinction  on  account  of  race  or 

color,  &c. 
2:34.  What  lands  disposed  of  only  as  home- 
steads. 


Sec. 

235.  Soldiers'  and  sailors'  homesteads. 

236.  Deduction  of  military  and  naval  serv- 

ice from  time,  &c. 

237.  Persons  who  have  entered  less  than 

160  acres,  rights  of. 

238.  Widow  and  minor  children  of  persons 

entitled  to  homestead,  &o. 

239.  Actual  service  in  the  Army  and  Navy 

equivalent  to  residence,  &c. 

240.  Who  may  enter  by  agent. 

241.  Homestead  right  extended  to  Indians 

who  sever  their  tribal  relations. 

242.  Certain  Indian  homesteads  confirmed. 

243.  Chiefs,  &c.,  of  Stockbridge  Munsees, 

homestead  rights  of. 

244.  Exemption  of  homestead,  Stockbridge 

Munsees. 

245.  Stockbridge  Munsees  becoming  citi- 

zens. 

246.  Unsold  lands  of  Ottawa  and  Chii>- 

pewa  Indians,  how  opened  for 
homesteads. 

247.  Selections  for  minors  under  preced- 

ing section. 

248.  Bona-  fide  settlers  on  above  lands  prior 

to,  &c. 

249.  Certain  lands  to  be  patented  to  Indi- 
-  ans  making  selection. 

250.  Cultivation  of  trees  on   homestead 

tracts. 

251.  Entry  of  IGO  acres  of  double-minimum 

lands  allowed  after  March  3,  1879. 
Additional  entry  of  adjoining  lands 
allowed.  Newentry,  when  allowed. 

252.  Homestead  claimants  or  their  assigiv 

ees  may  purchase  lands  at  $1.25  per 
acre  in  certain  cases. 

253.  Confirmation  of  homestead   entries 

within  railroad  limits  made  prior 
to  receipt  of  notice  of  withdrawal 
at  local  office. 

254.  Lands    within    railroad    grants    re- 

entered by  claimants  after  aban- 
donment. 

255.  Homestead  entries  made  after  expira- 

tion of  land  grants,  confirmed. 


Who  may  enter  Seo.  212.  Eveiy  peison  wh.0  IS  the  head  of  a  family,  or 
priat^  pa?.^?o  ^^^  ^^^  arrived  at  the  age  of  twenty-one  years,  and  is  a 
lands.  citizen  of  the  United  States,  or  who  has  filed  his  declaration 

of  intention  to  become  such,  as  required  by  the  naturaliza- 
tion laws,  shall  be  entitled  to  enter  one  quarter-section  or  a 
less  quantity  of  unappropriated  public  lands,  upon  which 
such  person  may  have  filed  a  pre-emption  claim,  or  which 
80 


HOMESTEADS.  81 

may,  at  the  time  the  application  is  made,  be  subject  to  pre- 
emption at  one  dollar  and  twenty -five  cents  per  acre;  or 
eighty  acres  or  less  of  such  uuai)propriated  lands,  at  two 
dollars  and  fifty  cents  per  acre,  to  be  located  in  a  body,  in 
conformity  to  the  legal  subdivisions  of  the  public  lands, 
and  after  the  same  have  been  surveyed.  And  every  person 
owning  and  residing  on  land  may,  under  the  provisions  of 
this  section,  enter  other  land  lying  contiguous  to  his  land, 
which  shall  not,  with  the  land  so  already  owned  and  occu- 
pied, exceed  in  the  aggregate  one  hundred  and  sixty  acres. 

12  Stat.  392 ;  18  id.  15,  -22, 194,  33 1, 420 ;  19  id.  35,  405 ;  E.  S.  2289.  Rail- 
way Co.  V.  Watts,  2  Dillon,  C.  C  310.  Bellows  v.  Todd,  34  Iowa, 
18;  Deland  v.  Day,  45  id.  37:  Blair  Town  Co.  v.  Kitteringham, 
43  id.  4G2;  Walker  v.  Stone,  48  id.  92 ;  Stalmacker  v.  Morrison,  6 
Neb.  363;  Stark  v.  Baldwin,  7  id.  114:  Kailway  Co.  i-.  Baloni,  7 
id.  247  ;  Keeran  v.  Allen,  33  Cal.  542;  Emmerson  v.  Samsome,  41 
id.  552.  Decisions  Sec.  Int.,  Oct.  16,  1870 ;  April  28,  1871  (I  Copp's 
L.  O.  36);  June  20,  1871  (1  id.  114);  July  8,  1871  (Copp's  L.  L. 
231);  Nov.  1,  1871  (id.  240);  Juno  19,  1872;  May  19,  1874;  Jnne 
1, 1874  (1  Copp's  L  O.  35) ;  Sept.  16,  1874 ;  Autr.  25,  1875  (2  Copp's 
L.  O.  83) ;  Sept.  23, 1875  (2  id.  100) ;  Jar..  12,  1H76  (2  id.  162) ;  April 
4, 1876  (3  id.  21) ;  April  12, 1876  (3  id.  52) ;  April  29,  1876  (3  id.  114) ; 
Ang.  3,  lb76  (3  id.  122) ;  Jan.  5, 1877  (3  id.  164) ;  March  7, 1877 ;  Sept. 
14, 1878;  Jan.  6, 1879  (5  Copp's  L.  0. 179) ;  Sept.  16, 1879  (6  id.  108); 
Sept.  27, 1879  (6  id.  107) ;  Juno  22,  1880  (7  id.  G6).  Decisions  Com. 
G.  L.  O.,  Dec.  18,  1867  (Zab.  L.  L.  162);  Feb.  28,  1868;  {id.  164); 
May  15,  1868  (id.  165) ;  Jnne  23,  1870  (7  Copp's  L.  0. 25) ;  May  8, 
1871  (Copp's  L.  L.  228);  July  11,  1871;  Feb.  5,  1873;  March  28, 
1873  (2  Copp's  L.  O.  57);  Feb.  10,  1874  (1  id.  3) ;  March  11,  1874 
(1  id.  19) ;  March  20,  1874  (1  id.  34) ;  March  26, 1874  (1  id.  4) ;  April 
15,  1874  (1  id.  20) ;  May  7,  1874  (1  id.  39) ;  May  15,  1874  (1  id.  35)  ; 
May  21,  1874  (1  id.  35);  Aug.  4,  1874  ;  Sept.  26,  1874  (1  Copp's  L. 

0.  99) ;  Sept.  29,  1874  (6  id.  172) ;  Oct.  5,  1874  (Copp's  L.  L.  280) ; 
Oct.  28,  1874;  Nov.  27,  1874  (1  Copp's  L.  O.  163);  Feb.  20,  1875 
(1  id.  180) ;  March  27, 1875  (2  id.  34) ;  May  22,  1875  (2  id.  82) ;  Dec. 

1,  1875  (2  id.  132) ;  April  13, 1876  C-Md.  19) ;  Juno  8, 1876  (2  id.  181) ; 
Dec.  5,  1876  (3  id.  178) ;  Jan.  6, 1877  (4  id.  168) ;  Jan.  12, 1877  (4  id. 
107);  March  23, 1877  (6M.  137) ;  July  11,  1877  (4  id.  83) ;  Aug.  16, 
1877  (4M.  103) ;  Aug.  18,  1W77  (4  id.  107);  Nov.  28, 1877  (4  id.  146); 
Jan.  8, 1878  (6  id.  125) ;  Dec.  7,  1878  (5  id.  147) ;  June  23, 1879  (6  id. 
51);  July  30, 1879  (Gid.  106);  Oct.  10,  1879  (6  id.  125);  Feb.  3,  1880 
(6  id.  190).  Cir.  O.  L,  O.,  Oct.  30,  1862  (Zab.  L.  L.  147. 151) ;  June 
25,  1869  (Copp's  L.  L.  248);  Aug.  15,  1872  (1  Copp's  L.  O.  28); 
Jan.  19,  1878  (6  id.  125) ;  Aug.  — ,  1878  (5  id.  118) ;  Oct.  18,  1878 
(bid.  164);  Nov.  1,  1878  (5  id.  147);  Nov.  14,  1878  (5  id.  165); 
July  1,  1879  (6  id.  92) ;  Sept.  1,  1879.  Rules  24-27,  G.  L.  O.  Rep. 
1877,  p.  101. 

Sec.  213.  The  person  applying  for  the  benefit  of  the  pre-  Mode  of  pro- 
ceding  section  shall,  upon  application  to  the.  register  of  the*'^"'^* 
hmd  office  in  wliich  he  is  about  to  make  such  entry,  make 
affidavit  before  the  register  or  receiver  that  he  is  the  head 
of  a  fixmily,  or  is  twenty-one  years  or  more  of  age,  or  has 
performed  service  in  the  Army  or  Navy  of  tlie  United  States, 
and  that  such  api)lication  is  made  for  his  exclusive  use  and 
benefit,  and  that  his  entry  is  made  for  the  puri)ose  of  actual 
settlement  and  cultivation,  and  not  cither  directly  or  indi- 
rectly for  the  use  or  benefit  of  any  other  i)erson ;  and  upon 
filing  such  affidavit  with  the  register  or  receiver,  on  i)ay- 
mcnt  of  five  dollars  when  the  entry  is  of  not  more  than 
eighty  acres,  and  on  payment  of  ten  dollars  when  the  entry 
is  for  more  than  eighty  acres,  he  shall  thereupon  be  permit- 
ted to  enter  the  amount  of  land  specified. 

12  Stat.  392;  13  id.  35 ;  14  id.  67 ;  18  id.  192,  HiO;   R.  S.  2290.  Litch- 
G  L  O 


82  HOMESTEADS. 

field  r.  Register  atnl  Kocoi vor,  1  Woolw.  C.  C.  290.  Oal;a  r.  TToaton, 
44  Iowa.  IK).  D.HisioiiH  St>c.  Int.,  JIarch  .1,  1874;  Sept.  IC,  1S74; 
Got.  "JO,  1^74  (1  Coi>i>\s  L.  O.  Mi»);  .Jan.  1-J,  IdTd  (v!  lU  1C.2);  .Jan.  r>, 
1^77  (1  i(/.  UH;  Jan.  -M.  l^rO.  Decisions  Com.  (}.  L.  O.,  Mav  H,  1^71 
(Copp's  L.  L.  12-38);  May  7,  1674  (1  Copp's  L.  0. 115'J);  Sept.  'J'J, 
1874;  Oct.  2S,  lr^74  ;  Fob.  W,  1-175  (1  Cop[)'s  L.  0. 180);  April  i:!, 
1876  (3  id.  19) ;  Mardi  'J3,  1877  ((5  id.  137) ;  Dec.  i>,  1878  (5  it/.  147) ; 
.Imio  i.'3,  1879  ((i  id.  T)!);  Sept.  12,  1879.  Cir.  G.  L.  O.,  Oct.  30, 
180-3(Zab.  L.  L.  147,  ir.l);  April  18,  1864  {id.  155);  Fob. '28,  18G8 
{id.  164) ;  May  15,  I8u8  {id.  165) ;  June  15,  1872  (Copp's  L.  L.  S.M)) ; 

May  18,  1877  (4  Copp's  L.  O.  51) ;  Jau  8,  1678  (4  id.  167) ;  

1-78  (5  id.  118);  May  24,  1^579  (6  ?VL  60).  General  Cir.,  Sept.  1, 
1879,  pp.  11,  20.     Rule  2.;,  G.  L.  O.  Rep.  1877,  p.  101. 

Pi^cmptionfli-  Sec.  214.  Any  person  who  has  made  a  settlement  on  the 
^mest^ad entry!  PiiWic  Uinds  undcu  the  pre-emption  laws,  and  has  subse- 
quent to  such  settlement  changed  his  filing  in  pursuance 
of  law  to  that  for  a  homestead  entry  upon  the  same  tract  of 
land,  shall  be  entitled,  subject  to  all  the  provisions  of  law 
relating  to  homesteads,  to  have  the  time  required  to  per- 
fect his  title  under  the  homestead  laws  computed  from  the 
date  of  his  original  settlement  heretofore  made,  or  hereafter 
to  be  made,  under  the  ijre-emption  laws. 

19  Stat.  404  ;  20  id.  63.  Decisions  Sec.  Int.,  June  20,  1871  (1  Copp's 
L.  0. 108) ;  June  19,  1872 ;  Aug.  3,  1876  (3  Copp's  L.  0. 122) ;  Sept. 
16,  1879  (6  id.  108) ;  Sept.  27,  1879  (6  id.  107).  Decisions  Com.  G. 
L.O.,  Mav  21,  1877  (4  Copp's  L.0.51);  Oct.  18,  1873  (5  W.  164). 
Cir.  G.  L.  O.,  April  4,  1877  (4  Copp's  L.  0. 23) ;  March  21, 1878  (5  id. 
27).  General  Cir.,  Sent,  1,  le79,  p.  15.  Rules  24  and  27,  G.  L.  O. 
Rep.  1877,  p.  101. 

Homestead  set-     Sec.  215.  Any  scttlcr  who  has  settled,  or  who  shall  here- 

lime'tinle  asVrel  after  scttlc,  ou  any  of  the  public  lands  of  the  United  States, 

emptors  to  tile -whether  survcycd  or  unsurveyed,  with   the  intention  of 

^plication  f<"- claiming    the  same  under  the  homestead  laws,  shall  be 

allowed  the  same  time  to  file  his  homestead  applicatiozi  and 

perfect  his  original  entry  in  the  United  States  land  ofQce 

as  is  now  allowed  to  settlers  under  the  pre-emption  laws  to 

put  their  claims  on  record,  and  his  right  shall  relate  back 

to  the  date  of  settlement,  the  same  as  if  he  settled  under 

the  pre-emption  laws. 

21  Stat.  140,  141.  Decisions  Sec.  Int.,  April  29,  1876  (3  Copp's  L. 
0. 114) ;  Ang.  3,  1876  (3  id.  122) ;  Sept.  27,  1879  (6  id.  107).  Decis- 
ions Com.  G.  L.  O.,  Mav  7,  1874  (1  Copp's  L.  0. 139) ;  Oct.  18,  lc78 
(5  id.  164).     Cir.  G.  L.  6.,  May  25,  1880  (7  Copp's  L.  O.  52). 

ceitificate  and  gEC.  21G.  No  Certificate,  however,  shall  be  given,  or  pat- 
liVeraaOirsaed*  ent  issucd  thcrefor,  until  the  expiration  of  five  years  from 
the  date  of  such  entry ;  and  if  at  the  expiration  of  such 
time,  or  at  any  time  within  two  years  thereafter,  the  person 
making  such  entry ;  or  if  he  be  dead,  his  widow ;  or  in  case 
of  her  death,  his  heirs  or  devisee;  or  in  case  of  a  widow 
making  such  entry,  her  heirs  or  devisee,  in  case  of  her  death, , 
proves"  by  two  credible  witnesses  that  he,  she,  or  they  have 
resided  upon  or  cultivated  the  same  for  the  term  of  five 
years  immediately  succeeding  the  time  of  filing  the  affidavit, 
and  makes  affidavit  that  no  part  of  such  land  has  been  alien- 
ated, except  as  provided  iri  section  two  hundred  and  ten, 
and  that  he,  she,  or  they  will  bear  true  allegiance  to  the 
Government  of  the  United  States ;  then,  in  such  case,  he, 
she,  or  they,  if  at  that  time  citizens  of  the  United  States, 
shall  be  entitled  to  a  patent,  as  in  other  cases  provided 


HOMESTEADS.  83 

bylaw.     The  proof  of  residence,  occupation,  or  cultivation.    Proof  of  reai- 
the  affidavit  of  non-alienation,  and  the  oath  of  allegiance,  *^^°*=®'  *"'• 
required  to  be  made  by  this  section,  may  be  made  before  the 
judge,  or,  in  his  absence,  before  the  clerk,  of  any  court  of 
record  of  the  county  and  State,  or  district  and  Territory,  in 
which  tlie  lands  are  situated ;  and  if  said  lands  are  situated 
in  any  unorganized  county,  such  proof  may  be  made  in  a 
similar  manner  in  any  adjacent  county  in  said  State  or  Ter- 
ritory ;  and  the  proof,  affidavit,  and  oath,  when  so  made 
and  duly  subscribed,  shall  have  the  same  force  and  effect 
as  if  made  before  the  register  or  receiver  of  the  proper  land 
district ;  and  the  same  shall  be  transmitted  by  such  judge, 
or  the  clerk  of  his  court,  to  the  register  and  the  receiver, 
with  the  fee  and  charges  allowed  by  law  to  him ;  and  the 
register  and  receiver  shall  be  entitled  to  the  same  fees  for 
examining  and  approving  said  testimony  as  are  now  allowed 
by  law  for  taking  the  same;  and  if  any  witness  making  False  swearing; 
such  proof,  or  the  said  applicant  making  such  affidavit  or  penalty  for. 
oath,  swears  falsely  as  to  any  material  matter  contained  in 
said  proof,  affidavits,  or  oaths,  the  said  false  swearing  being  ^ 

willful  and  corrupt,  he  shall  be  deemed  guilty  of  peijury, 
and  shall  be  liable  to  the  same  pains  and  jienalties  as  if  he 
had  sworn  falsely  before  the  register. 

14  Stat.  67  ;  18  id.  81 ;  19  id.  403 ;  E.  S.  2291.  Mining  Co.  v.  Daugh- 
bery,  ]  Saw.  C.  C.  450.  Oaks  v.  Heaton,  44  Iowa,  IIG ;  Deland  v. 
Day,  45  id.  37  ;  Dawson  v.  Merrillo,  2  Neb.  119  ;  Cheney  v.  White, 
5  id.  261 ;  Jones  v.  Yorkmau,  5  id.  265 ;  Perry  v.  Ashley,  5  id.  291 ; 
Bellinger  v.  White,  5  id.  399 ;  Axtell  v.  W^ardeu,  7  id.  182 ;  Mc Will- 
iams V.  Bridges,  7  id.  419 ;  Mooro  v.  Mcintosh,  6  Kansas,  39 ;  Com- 
missioners V.  Shippman,  14  id.  532 ;  Kirkaldie  v.  Larrabee,  31  Cal. 
456 ;  Jarvis  v.  Hoffman,  43  id.  304.  Decisions  Sec.  Int.,  June 2,  1871 
(Copp's  L.  L.  234) ;  July  12,  1871  (id.  256) ;  Oct.  21,  1871  (id.  233) ; 
Nov.  3,  1871  (id.  24'o);  Jan.  31,  1872  (id.  238);  Feb.  3,  1875;  Aug. 
5,  1875  (2  Copp's  L.  O.  83) ;  Aug.  25,  1875  (2  id.  k3)  ;  Dec.  4,  1875 
(2  id.  131) ;  April  6,  1876 ;  Jan.  15, 1877  (3  Copp's  L.  O.  164) ;  March 
7, 1877;  April  9,  1877  (4  Copp's  L.  O.  19);  May  14,  1878;  Dec.  5, 
1878  (5  Copp's  L.  O.  146) ;  Nov.  25, 1879  (6  id.  153) ;  Feb.  7, 1880  (7 
id.  6).  Decisions  Com.  G.  L.  O.,  June  24,  1867  (Zab.  L.  L.  160) ; 
Aug.  6,  1868  (id.  167) ;  March  28, 1-  70  (2  Copp's  L.  O.  57) ;  Feb.  10, 
1874  (1  id.  3) ;  March  26,  1874  (1  id.  4) ;  May  15,  1874  (1  id.  35) ;  June 
10,  1874  (Copp's  L.  L.  239) ;  Juno  19,  1874  (id.  238) ;  July  25,  1874 
(1  Copp's  L.  O.  92) ;  Aug.  4,  1»74  (Copp's  L.  L.  247) ;  Aug.  22,  1674 
(1  Copp's  L.  0. 84) ;  Dec.  15, 1874  (1  id.  149) ;  Dec.  19,  1874  (Copp's 
L.  L.271);  June  22,  1875  (2  Copp's  L.  O.  50) ;  July  31,  1875  (2  id. 
83) ;  Aug.  6,  1875  (2  id.  99) ;  April  13,  1-176  (3  id.  19) ;  Feb.  25,  1877 
(4  id.  108);  May  7,  1877;  June  29,  1877;  July  6,  1877  (4  Copp's  L. 
O.  168) ;  July  25,  1877  (4  id.  108) ;  Aug.  16,  1S77  (4  id.  103) ;  Aug. 
18,  1877  (4  id.  107) ;  Aug.  25,  1877  (4  id.  103) ;  Oct.  22,  1877  (4  id. 
131);  Nov.  22,  1877  (4  id.  146);  Dec.  4,  1877  (4  id.  146);  Sept.  3, 
1878  (5  id.  117) ;  Oct.  2,  1878  (5  id.  117) ;  Nov.  14,  1878 ;  Dec.  5, 1878 
(5  Copp's  L.  0. 147)  ;  Jan.  20,  1879  (5  id.  179) ;  Jan.  29,  1879  (5  id. 
179) ;  Feb.  4,  1879  (5  id.  179) ;  July  6,  1879  ;  Aug.  11,  1879  (6  Copp's 
L.  0. 93) ;  Jan.  24,  1880  (6  id.  190) ;  Feb.  19, 1880  (6  id.  189) ;  March 
24,  1880  (7  id.  24) ;  April  22,  18  0  (7  id.  25).  Cir.  G.  L.  O.,  Oct.  30, 
1862  (Zab.  L.  L.  147,  151);  Feb.  28,  1868  (id.  164);  May  15,  1868 
(id.  165);  Dec.  20,  1873  (Copp's  L.  L.244);  July  9,  1874  (M.259); 
Aug.  17, 1874  (id.  200) ;  Sei)t.  9, 1874  (id.  244) ;  Jan.  5, 1875  (id.  261) ; 
Oct.  24,  1876  (3  Copp's  L.  0. 116) ;  April  4,  1877  (4  id.  23) ;  May  8, 
1877  (4  id  52) ;  May  18,  1877  (4  id.  51) ;  Juno  23,  1877  (4  id.  68) ; 

July  6,  1878  (5  id.  101) ;  July  17,  1878  (5  id.  95) ;  -,  1878  (5  id. 

118) ;  April  15,  1879  (6  id.  45) ;  May  24,  1879  (6  id.  60).     General 
Cir.,  Sept.  1,  1879,  p.  11,  ct  seq.     Eulo  24,  G.  L.  O.  Rep.  1877,  p.  101. 


84  HOMESTEADS. 

a^o"h';!w\u  ^^'^-  -^"•.  ^^}  ^=^^*'  <^^  ^^'^  ^^^"^^^»  ^^  ^^'^^^'  father  and  iiintlicr, 
ofuvfkntcMiJnM).  loaviiitj  uii  intiiiit  child  or  chihlron  inuhu*  twciily-oTie  years 
of  a-^e,  the  Tvj^ht  and  fee  shall  itinre  to  the  benefit  of  such 
infant  child  or  children;  and  the  executor,  administrator,  or 
guardian  may,  at  any  time  within  two  years  after  tbe  death 
of  the  survivinix  parent,  and  in  accordance  with  the  laws  of 
the  State  in  wliich  snch  children,  for  the  time  beinjr,  have 
tlieir  domicile,  sell  the  land  for  the  benetit  of  such  infants, 
but  for  no  <^ther  i)urpose  ;  and  the  purchaser  shall  acfpiiro 
the  absolute  title  by  the  purchase,  and  be  entitled  to  a  pat- 
ent from  the  United  States  on  the  payment  of  the  ollico 
fees  and  sum  of  money  above  specified. 

14  Stat,  tu;  K.  S.  2-i'J-2.  Fnllor  v.  Hunt,  S.  C.  Iowa,  1877;  Rail- 
way Co.  r.  Gordon,  S.  C.  Mich.  187'J.  Decisions  Sec.  Int.,  April 
9.  1877  (4  Copp's  L.  O.  19) ;  Nov.  G,  1878  (.5  id.  165).  Decisions 
Com.  G.  L.  O.,  Ang.  G.  1875  {2  Copp's  L.  O.  99);  Ang.  12,  1875 
(2  id.  99);  Oct.  18,  187G  (3  id.  114);  May  2-*,  1877  (4  id.  57);  Dec. 
8,  1877;  Feb.  4, 1879  (5  Copp's  L.  0. 179);  Jan.  24, 1880  (>5  id.  ISO). 
Cir.  G.  L.  O.,  Oct.  30, 1862  (Zab.  L.  L.  147, 151).  General  Cir.,  Sept. 
1, 1879,  p.  13. 

Homestead  en-  Sec.  218.  In  all  cases  In  which  parties  who  ref^nlarly 
Ifi^oM^cJ^fim-i"^^^'?*^^^  claims  to  public  lands  as  settlers  thereon  ac- 
ed  in  certain  cordinj;  to  the  provisious  of  the  homestead  laws,  have  be- 
*^*^*'  come  insane  or  shall  hereafter  l>ecome  insane  before  the 

expiration  of  the  time  during:  which  their  residence,  culti- 
vation, or  improvement  of  the  land  claimed  by  them  is 
required  by  law  to  be  continued  in  order  to  entitle  them  to 
make  the  proper  proof  and  perfect  their  claims,  it  shall  be 
lawful  for  the  required  proof  and  payment  to  be  made  for 
their  benefit  by  any  person  who  may  be  legally  authorized 
to  act  for  them  during  their  disability,  and  thereupon  their 
claims  shall  be  confirmed  and  patented,  provided  it  shall  be 
shown  by  proof  sati.sfactory  to  the  Commissioner  of  the 
General  Land  Oince  that  the  parties  complied  in  good  faith 
with  the  legal  requirements  up  to  the  time  of  their  becom- 
ing insane;  and  the  requirement  in  homestead  entries  of 
an  affidavit  of  allegiance  by  the  applicant  in  certain  cases 
as  a  prerequisite  to  the  issuing  of  the  patents  shall  be  dis- 
pensed with  so  far  as  regards  insane  persons. 

21  Stat.  166.  Decisions  Com.  G.  L.  O.,  IMarcli  11,  1874  (1  Copp's 
L.  O.  19);  Nov.  14, 1878  (5  id.  165).  Cir.  G.  L.O.,  July  17,  1830 
(7  Copp's  L.  O.  89). 

Persons  in  mil-     Sec.  219.  In  case  of  any  i>erson  desirous  of  availing  him- 
ita^^or^n  aval  self  of  the  benefits  of  this  chapter;  but  who,  by  reason  of 
befSo^whom^'to  actual  scrvice  in  the  military  or  naval  service  of  the  United 
make  affidavit,    gtatcs,  is  unablc  to  do  the  personal  preliminary  acts  at  the 
di-strict  land  office  which  the  i)recedlng  sections  require; 
and  whose  family,  or  some  raeml>er  thereof,  is  residing  on 
the  land  which  he  desires  to  enter,  and  upon  which  a  bona- 
fide  improvement  and  settlement  have  been  made,  such  per- 
son may  make  the  affidavit  required  by  law  before  the  offi- 
cer commanding  in  the  branch  of  the  service  in  which  the 
party  is  engaged,  which  affidavit  shall  be  as  binding  in  law, 
and  with  like  penalties,  as  if  taken  before  the  register  or 
receiver;  and  upon  such  affidavit  being  filed  with  the  reg- 
ister by  the  wife  or  other  representative  of  the  party,  the 
same  shall  become  eliective  from  the  date  of  such  filing, 


HOMESTEADS.  ^  85 

provided  the  application  and  affidavit  are  accompanied  by 
the  fee  and  commissions  as  rcquu-ed  by  law. 

13  Stat.  35;  R.  S.  2293.  Decisions  Sec.  lut.,  April  3, 1879  (6  Copp's 
L.  0. 50).  Decisions  Com.  G.  L.  O.,  Nov.  6, 1875  (2  Copp's  L.  O. 
133) ;  July  3, 1876  (3  id.  69) ;  Feb.  3, 1880  (G  id.  190).  Cii-.  G.  L,  O., 
April  18/1864  (Zab.  L.  L.  155) ;  Sept.  14,1868  (td.l58);  June  25, 
1869  (Copp's  L.L.  248). 

Sec.  220.  In  any  case  in  which  the  appbcant  for  the  bene-    when  persons 
fit  of  the  homestead,  and  whose  family,  or  some  member  ^a'^^tteforecierk 
thereof,  is  residing  on  the  land  which  he  desires  to  enter,  of  court, 
and  upon  which  a  bona-fide  improvement  and  settlement 
have  been  made,  is  prevented,  by  reason  of  distance,  bodily 
iniirmity,  or  other  good  cause,  from  personal  attendance  at 
the  district  land  office,  it  may  be  lawful  for  him  to  make 
the  affidavit  required  by  law  before  the  clerk  of  the  court 
for  the  county  in  which  the  ai)plicant  is  an  actual  resident, 
and  to  transmit  the  same,  with  the  fee  and  commissions,  to 
the  register  and  receiver. 

13  Stat.  35;  18  id.  192;  R.  S.  2294.  Decisions  Com.  G.  L.  O.,  March 
31, 1874  (1  Copp's  L.  O.  19) ;  May  7,  1874  (1  id.  139).  Cir.  G.  L.  O. 
(Zab.  L.  L.  151);  April  18,  1864  (id.  155);  Sept.  14, 1868  (id.  15i); 
April  21,  1870  (Copp's  L.  L.  223);  April  4,1877  (4  Copp's  L.  O. 

23) ;  May  18,  1877  (4  id.  51) ; ,  1878  (5  ul.  118).     General  Cir., 

Sept.  1, 1879,  p.  11. 

Sec.  221.  The  register  of  the  land  office  shall  note  all    Eecord  of  ap- 
applications  under  the  provisions  of  this  chapter,  on  the  ^  *^^°^- 
tract-books  and  plats  of  his  office,  and  keep  a  register  of  all 
such  entries,  and  make  return  thereof  to  the  General  Land 
Office,  together  with  the  proof  uxjou  which  they  have  been 
founded- 

12  Stat.  393;  R.  S.  2295.  Decisions  Sec.  Int.,  June  20,  1871  (1 
Copp's  L.  O.  114);  Sept.  16,  1874.  Decision  Com.  G.  L.  O.,  July 
11,  1871.  Cir.  G.  L.  O.,  Oct.  30,  1862  (Zab.  L.  L.  147).  General 
Cir.,  Sept.  1,  1879,  p.  11. 

Sec.  222.  No  lands  acquired  under  the  i)rovisions  of  this    ^""\*!®*w** 
chapter  shall  in  any  event  become  liable  to  the  satisfaction  8^jM°°to  prio? 
of  any  debt  contracted  prior  to  the  issuing  of  the  patent  ^^'^t*- 
therefor. 

12  Stat.  393 ;  R.  S.  2296.  Seymour  v.  Saunders,  4  Dillon,  C.  C.  437. 
Russell  V.  Lowth,  21  Minn.  167  ;  Cheeny  v.  Wbite,  5  Neb.  261 ; 
Jones  V.  Yorkman,  5  id.  265 ;  Bellinger  v.  White,  5  id.  399 ;  Mc- 
Williams  v.  Bridges,  7  uZ.  419;  Moore  v.  Mcintosh,  6  Kansas,  39; 
Waters  v.  Voorhees,  14  id.  328 ;  Kirkaldie  v.  Larrabee,  31  Cal.  456 ; 
Miller  v.  Little,  47  id.  348;  Chant  v.  Reynolds,  49  id.  213;  Fuller 
V.  Hunt,  S.  C.  Iowa,  1877.  Cir.  G.  L.  6.,  Oct.  2,  1862  (Zab.  L.  L. 
147,  151).     General  Cii'.,  Sept.  1, 1879,  p.  21. 

Sec.  223.  If,  at  any  time  after  the  filing  of  the  affidavit,    when  lands en- 
as   required  in  section  two   hundred  and    thirteen,   andstoia  "overt "to 
before  the  expiration  of  the  five  years  mentioned  in  sec-  Govemmont. 
tion  two  hundred  and  sixteen,  it  is  proved,  after  due  no- 
tice to  the  settler,  to  the  satisfaction  of  the  register  of  the 
land  office,  that  the  person  having  filed  such  affidavit  has 
actually  changed  his  residence,  or  abandoned  the  land  for 
more  than  six  months  at  any  time,  then  and  in  that  event 
the  land  so  entered  shall  revert  to  the  Government. 

12  Stat.  393  ;  18  id.  294  ;  19  id.  36  ;  R.  S.  2297.  Decisions  Sec.  Int., 
Oct.  16,  1870;  April  18,  1871  (Co].p's  L.  L.  254);  April  28, 1871  (1 
Copp's  L.  O.  36) ;  June  2,  1871  (Copp's  L.  L.  234) ;  Juuo  11,  1871 


8G  HOMESTEADS 

{id.  23r.);  Juno  20.  1871  (1  Copp's  L.  O.  114);  Auj:.  14,  1^2 
(C".>pp"a  L.  L.  2.')?) ;  Oct.  2:5,  1-72  {id.  254) ;  Dec.  10. 1672  {id.  2,')8) ; 
Doc.  i),  ls74  (1  Copp's  L.  O.  MS) ;  Doc.  11,  lb74  (1  id.  US) ;  IVh.  3, 
1?73;  Aug.  r>,  187:> (2  Copy's L.  0.83);  Nov.  27,  ie7r)(2iU  1:5:5);  Dec. 
4,  187:.  (1  id.  l:U) :  Ai>iil  11,  1S7(5  (;5  id.  19) ;  May  8,  187G  (3  id.  21) ; 
Jau.  15, 1877(3 !(/.  Uil);  Mnvl4,1878.  DocisionsCom.G.L.O.,Dcc. 
18,  18G7  (Zab.  L.  L.  1(12) ;  May  23, 1808  {id.  IGG) ;  Auj,'.  (>,  1HG8  {id. 
1G7);  Julv  11,  1871;  Maicli  li,  1874  (1  Copp's  L.  O.  I'j);  April  15, 
1874  (1  i(f. '20) ;  Julv  25, 1674  (lid.  92) ;  Dec.  15,  1874  (Copp's  L.  L. 
251) ;  Marcli  27,  1875  (2  Copies  L.  O.  34);  Dec.  8,  1875  (2  id.  148) ; 
Feb.  7, 187C)  (:5  id.  3) ;  April  13,  187()  (3  irf.  19  );  Oct.  18, 187G  (3  id. 
142);  May  28,  1877  (4  id.  51) ;  Julv  G,  1877  (4  id.  1G8) ;  Jan.  19,  1878 
(6  id.  125) ;  Nov.  1,  1878  (5  id.  147) ;  Juno  7,  1879  (G  id.  153).  Cir. 
G.  L.  O.,  Oct.  30,  18G2(Zab.  L.  L.  147,  151);  Sept.  14,  18G8  {id. 
158) ;  Juno  25, 18G9  (Copp's  L.  L.  248) ;  Aug.  15, 1872  (1  Copp's  L. 
O.  28) ;  Nov.  15,  1673  (Copp's  L.  L.  250) ;  July  9,  1874  {id.  259) ; 
Jan.  5,  1875  {id.  2G1) ;  Jan.  8,1878  (4  Copp's  L.  O.  1G7).  Gen- 
eral Cir..  Sept.  1, 1879,  p.  14.    Rule  27,  G.  L.  O.  Rep.  1877,  p.  101. 

PubUcation  of  Seq.  224.  The  notices  of  contest  provided  by  law,  under 
fn^homesTerdtlio  liomestcad  laws,  shall  be  printed  in  some  newspaper 
•asea.  printed  in  the  county  where  the  land  in  contest  lies ;  and  if 

no  newspaper  be  printed  in  such  county,  then  in  the  news- 
paper printed  in  the  county  nearest  to  such  land. 

20  Stat.  91.  Cir.  G.  L.  O.,  June  12, 1878  (5  Copp's  L.  O.  101).  Gen- 
eral Cir.,  Sept.  1,  1879,  p.  14. 

xoticeof inten-  Sec.  225.  Before  final  proof  shall  be  submitted  by  any 
P^f^"^'"''^''^  person  claiming  to  enter  agi-icultural  lands  under  the  laws 
providing  for  homestead  entries,  such  person  shall  file  with 
the  register  of  the  proper  laud  office  a  notice  of  his  or 
her  intention  to  make  such  proof,  stating  therein  the  de- 
scription of  lauds  to  be  entered,  and  the  names  of  the  wit- 
nesses by  whom  the  necessary  facts  will  be  established. 

20  Stat.  472.  Decisions  Com.  G.  L.  0.,  Aug.  1,  1879  (6  Copp's  L.  O. 
93).  Cir.  G.  L.  O.,  April  15,  1879  (6  Copp's  L.  O.  45) ;  Jan.  17, 
1880  {6 id.  191).     General  Cir.,  Sept.  1,  1879,  p.  12. 

PubUcation  of  Sec.  226.  Upou  the  filiug  of  the  notice  required  by  the 
notice  of  entry,  preceding  scctiou,  the  register  shall  publish  a  notice  that 
such  application  has  been  made,  once  a  week  for  the  period 
of  thirty  days,  in  a  newspaper  to  be  by  him  designated  as 
published  nearest  to  such  land,  and  he  shall  also  post  such 
notice  in  some  conspicuous  place  in  his  office  for  the  same 
period.  Such  notice  shall  contain  the  names  of  the  wit- 
nesses as  stated  in  the  application.  At  the  expiration  of 
said  period  of  thirty  days,  the  claimant  shall  be  entitled  to 
make  proof  in  the  manner  pro\ided  by  law.  The  Secretary 
of  the  Interior  shall  make  all  necessary  rules  for  giving 
effect  to  the  foregoing  provisions. 

20  Stat.  472.  General  Cir.  G.  L.  O.,  Sept.  1,  1S79,  p.  12. 

Lands  covered  g^c.  227.  "WTieu  a  homcstcad  claimant  shall  file  a  wi'itten 
liomestSlciaims  relinquishment  of  his  claim  in  the  local  land  ofiice,  the  land 
a?TO^e  ^'^  ^"^'^  covered  by  such  claim  shall  be  held  open  to  settlement  and 

entry  without  further  action  on  the  i)art  of  the  Commissioner 

of  the  General  Land  OfiQce. 

21  Stat,  140.  Decisions  Sec.  Int.,Jnne  20,  1871  (1  Copp's  L. 
O.  114)  ;  Nov.  G,  1878  (5  id.  165) ;  Sept.  27,  1879  (6  id.  107) ; 
June  22,  1830  (7  id.  GG).  Decisions  Com.  G.  L.  O.,  July  11,  1871 ; 
March  27,  1875(2  Copp's  L.  O.  34);  Aug.  G,  1875  {2  id.  99);  Aug. 
12,  1875  {2  id.  99);  Oct.  18,  1876  (3  id.  114);  May  28,  1877  (4  id. 
57);  Dec.  8, 1877.    Cir.  G.  L.  O.,  June  25, 16G9  (Copp's  L.  L.  248), 


HOMESTEADS.  87 

April  26, 1870  (?U  250) ;  June  5, 1872  (id.  239) ;  Jau.  8, 1878  (4  Copp's 
L.  O.  1G7) ;  May  25,  1880  (7  id.  52).  General  Cir.,  Sept.  1,  1879, 
p.  14. 

Sec.  228,  111  all  cases  where  any  person  has  contested,  .^^^rty^  contest- 
paid  the  land  office  fees,  and  procured  the  cancellation  oftrf  to  be  allowed 
any  homestead  entry,  he  shall  be  notified  by  the  re^-ister  of^'^^^ky'^^'^^^'^" 
the  land  office  of  the  district  in  which  such  land  is  situated  lation  to  make 
of  such  cancellation,  and  shall  be  allowed  thirty  days  from  ^^^'^^ 
date  of  such  notice  to  enter  such  lands ;  and  the  register 
shall  be  entitled  to  a  fee  of  one  dollar  for  giving  such 
notice,  to  be  paid  by  the  contestant,  and  not  to  be  reported. 

21  Stat.  140,  141.  Decision  Sec.  Int.,  Jane  20,  1871  (1  Copp'a 
L.  O.  114).     Decisions  Com.  G.  L.  O.,  July  11,  1871;  Marcli  27, 

1875  (2  Copp's  L.  O.  34).  Cir.  G.  L.  0.,  April  26,1870  (Copp's  L. 
L.  250);  May  25,  1880  (7  Copp's  L.  O.  52).  General  Cir.,  Sept.  1, 
1879,  p.  14. 

Sec.  229.  No  person  shall  be  permitted  to  acquire  title  to    Limitation  of 
more  than  one  quarter-section  under  the  provisions  of  this  fOT°homes1,ead^^ 
chapter.  ^ 

12  Stat.  393;  E.  S.  2298.  Decisions  Sec.  Int.,  Mav  19,  1874;  Feb. 
27,  1875  (2  Copp's  L.  0. 18);  A.ug,  2.5, 1875  (2  id.  83);  Feb.  6,  1876 
(1  id.  179);  April  4,  1876  (3  id.  21);  Sept.  4,  1878.  Decisions 
Com.  G.  L.  O.,  May  15,  1874  (1  Copp's  L.0.35);  Sept.  26,  1874 
(1  id.  99) ;  June  12,  1876  (3  id.  69) ;  Jan.  12,  1877  (4  id.  107) ;  Dec. 
5,  1878  (bid.  147).  Cir.  G.  L.  O.,  Oct.  30,  1862  (Zab.  L.  L.  147, 
151).     General  Cir.  Sept.  1, 1879,  p.  15. 

Sec.  230.  Nothing  contained  in  this  chapter  shall  be  so    Existing  nre- 
construed  as  to  impair  or  interfere  in  any  manner  with  ex- notimpaired. 
isting  pre-emption  rights ;  and  all  persons  who  may  have 
filed  their  applications  for  a  pre-emption  right  prior  to  the 
twentieth  day  of  May,  eighteen  hundred  and  sixty-two, 
shall  be  entitled  to  all  the  privileges  of  this  chapter. 

12  Stat.  393 ;  E.  S.  2299.     Decisions  Sec.  Int.,  June  19, 1872 ;  Aug.  3, 

1876  (3  Copp's  L.  O.  122) ;  Sept.  16,  1879  (6  id.  108).  Decisions 
Com.  G.  L.  O.,  Feb.  .5,  1873;  Dec.  5,  1876  (3  Copp's  L.  O.  178). 
Cir.  G.  L.  O.  (Zab.  L.  L.  151). 

Sec.  231.  No  person  who  has  served,  or  may  hereafter    what  minora 
serve,  for  a  period  not  less  than  fourteen  days  in  the  Army  ™,f^^j^^*g^^j*^f*^ 
or  Navy  of  the  United  States,  either  regular  or  volunteer,  ci^pter. 
under  the  laws  thereof,  during  the  existence  of  any  actual 
war,  domestic  or  foreign,  shall  be  deprived  of  the  benefits 
of  this  chapter  on  account  of  not  having  attained  the  age 
of  twenty-one  years. 

12  Stat.  393;  E.  S.  2300.  Decisions  Com.  G.  L.  O.,  Juno  23,  1870 
(7  Copp's  L.  O.  25) ;  Sept.  26,  1874  (1  id.  99). 

Sec.  232.  Nothing  in  this  chapter  shall  be  so  construed  raymontbefore 
as  to  prevent  any  person  who  has  availed  himself  of  the  yoarsfnghta  II 
benefits  of  section  two  hundred  and  twelve,  from  paying  applicant? 
the  minimum  price  for  the  quantity  of  land  so  entered, 
at  any  tune  before  the  exjiiration  of  the  five  years,  and 
obtaining  a  patent  therefor  from  the  Government,  as  in 
other  cases  directed  by  law,  on  making  proof  of  settlement 
and  cultivation  as  provided  by  law,  graining  pre-emption 
rights. 

12  Stat.  393 ;  E.  S.  2301.  Perry  v.  Asbby,  5  Neb.  291.  Decisions  Sec. 
Int.,  Nov.  3,  1871  (Copp's  L.  L.  245) ;  Aug.  25,  1875  (2  Copp's  L.  O. 
83);  June  1,  1874  (1  id.  35).    Decisions  Com.  G.  L.  O.,  April  13, 


88  HOMESTEADS. 

ISTI  fCopp'HL.  I..  iSO);  April  10,  L-^71  (1  Copp's  L.O.Sl);  llay 
15,1.-71  (1  tUX));  Jiilv  1.'),    IdTd  (:{  id.  70);  Jan.   I'J,   1S77  (1  id. 

11)7) ;  ((".  id.  Vu\).     Cir.  G.  L.  O.,  Oi-l.  30,  18G2  (Zab.  L.  L. 

147, 151).     Gcntrnl  Cir.,  Sept.  1,  lri7t»,  p.  15. 

Ko  dibt motion     Sec.  1*33.  Xo  (listiiK't ion  sluill  be  made  in  the  const ruc- 
or  cXr!"2c.'^'^*  tittu  or  <'xooiition  of  this  ohapter,  on  account  of  riico  or  color; 
nor  sliall  any  niinoral  lands  bo  liable  to  enti'y  and  settlo- 
ment  under  its  provisions. 

14  Stat.  07  ;  R.  S.  2302. 
whatiinJsiii.'.-     Sec.  234.  [AH  the  public  lands  in  the  States  of  AJuhama, 

Comestcaas!*  '^  Mississippi^  jOouisiana.!  Arkansas,  and  Florida,  shall  he  dis- 
posed of  in  no  other  manner  than  aeeording  to  the  terms  and 
stipulations  eoniained  in  the  preceding  'provisions  of  this  chap- 
ter.—\i.  S.  2303.] 
Disposition  of     Scctiou  two  tbousand  three  hundred  and  three  of  the  Re- 

Stoi^"*  ctrtaiu  vjg^d  statutcs  of  thc  United  States,  confining  the  disposal 
of  the  public  lands  in  the  States  of  Alabama,  Mississipi)i, 
Louisiana,  Arkansas,  and  Florida  to  the  provisions  of  the 
homestead  law  is  hereby  repealed:  Provided,  That  the  re- 
peal of  said  section  shall  not  have  the  effect  to  impair  the 
right,  complete  or  inchoate,  of  any  homestead  settler,  and  no 
land  occupied  bj'  such  settler  at  the  time  this  act  shall  take 
effect,  shall  be  subject  to  entry,  pre-emption,  or  sale :  And 
provided,  That  the  public  lands  affected  by  this  section,  shall 
be  offered  at  i)ublic  sale,  as  soon  as  practicable  from  time  to 
time,  and  according  to  the  provisions  of  existing  law,  and 
shall  not  be  subject  to  private  entry  until  they  are  so  offered. 

14  Stat.  07 ;  10  id.  73,  377  ;  E.  S.  2303.  Decisions  Com.  G.  L.  O.,  Juue 
12,  1877  (4  Copp's  L.  O.  50).  Cir.  G.  L.  O.,  July  10, 1676  (3  Copp's 
L.  0. 115). 

Soldiers'  and  Sec.  235.  Evcry  private soldicr  and  officcr  who has  scrvcd 
•u^".  "  ™  ® '  in  the  Army  of  the  United  States  dui'ing  the  recent  rebellion, 
for  ninety  days,  and  who  was  honorably  discharged,  and 
has  remained  loyal  to  the  Government,  including  the  troops 
mustered  into  the  service  of  the  United  States  by  virtue  of 
the  third  section  of  an  act  approved  February  thirteen, 
eighteen  hundred  and  sixty-two,  and  every  seaman,  marine, 
and  officer  who  has  served  in  the  Navy  of  the  United  States, 
or  in  the  Marine  Corps,  during  the  rebellion,  for  ninety  days, 
and  who  was  honorably  discharged,  and  has  remained  loyal 
to  the  Government,  shall,  on  compliance  with  the  i)rovision8 
of  this  chapter,  as  hereinafter  modified,  be  entitled  to  enter 
upon  and  receive  patents  for  a  quantity  of  public  lands  not 
exceeding  one  hundred  and  sixty  acres,  or  one  quarter-sec- 
tion, to  be  taken  in  compact  form,  according  to  legal  sub- 
divisions, including  the  alternate  reserved  sections  of  public 
lands  along  the  line  of  any  railroad  or  other  public  work,  not 
otherwise  reserved  or  appropriated,  and  other  lands  subject 
to  entry  under  the  homestead  laws  of  the  United  States; 
but  such  homestead  settler  shall  be  allowed  six  months 
after  locating  his  homestead,  and  filing  his  declaratory  state- 
ment, within  which  to  make  his  entry  and  commence  his 
settlement  and  improvement. 

17  Stat.  333;  K.  S.  2304.  Decisions  Sec.  Int.,  Ang.  25, 1874(1  Copp'a 
L.  O.  03) ;  Sept.  23, 1874  (1  id.  90) ;  April  0,  1876 ;  May  27,  LS76  (3 
Copp'.s  L.  0.  r,3) ;  Au<r.  3,  I'ild (3  id.  122) ;  Nov.  27, 1876  (3 id.  164); 
Jan.  0, 1877  (3  id.  164);  April  0,  1870;  Jan.  3,  I860  (6  Copp's  L.  0. 


HOMESTEADS.  89 

190).  Decisions  Com.  G.  L.  O.,  Feb.  5, 1873;  Nov.  10, 1873(Copp'3 
L.  L.  2G7);  Jan.  2.  1874(1  Copp'sL.  0.3) ;  April  14, 1874(1  irf.'iU); 
Aug.  4, 1874 ;  Sept.  23, 1874  (Copp's  L.  L.  24G) ;  Oct.  27,  1874  ;  Nov. 

27. 1874  (1  Copp'a  L.  O.  lUIJ) ;  Dec.  U),  1874  (Copp'sL.  L.  271) ;  April 
8,  1875  (2  Copp'8  L.  O.  lOU) ;  April  17,  1875  (2  id.  35) ;  June  10,  1875 
(3  id.  50);  May  17,  1876  (3  id.  70) ;  Jan.  29,  lb77;  July -..'.5,  1877  (4 
Copp's  L.  O.  107);  Nov.  9,  1878  (5  id.  131) ;  Dec.  2, 1878  (5  id.  147). 
Cir.  G.  L.  O.,  Aug.  9,  1870  (Copp's  L.  L.  273);  June  13,  1872  {id. 
2G3);  May  17,  1873  (id.  273) ;  Sept.  4,  187G  (3  Copp's  L.  O.  115); 
Jan.  8,  1878  (4  id.  167).  General  Cir.,  Sept.  1,  1879,  p.  17.  liulo 
25,  G.  L.  O.  Pujp.  1877,  p.  101. 

Sec.  23G.  The  time  wbicb  the  homestead  settler  has  served  ^  {^a*!* v  "  n d 
iu  the  Army,  Navy,  or  Marine  Corps  shall  be  deducted  from  naval  service 
the  time  heretofore  requu-ed  to  perfect  title,  orii"  discharged*™'"*'^™'''  ^'^• 
on  account  of  wounds  received  or  disability  inciuTed  in  the 
line  of  duty,  then  the  term  of  enlistment  shall  be  deducted 
from  the  time  heretofore  required  to  perfect  title,  Avithout 
reference  to  the  length  of  time  he  may  have  served ;  but  no 
patent  shall  issue  to  any  homestead  settler  who  has  not  re- 
sided uiion,  improved,  and  cultivated  his  homestead  for  a 
period  of  at  least  one  year  after  he  shall  have  commenced 
his  improvements. 

17  Stat.  333;  11.  S.  2305.  Decisions  Sec.  lut.,  Dec.  11,  1874  (1  Copp's 
L.  O.  148) ;  April  9,  1879;  Jan.  3, 1880  (GCopp'.s  L.  0. 190).  D.-cis- 
ions  Com.  G.  L.  0.,  April  14,  1874  (1  Co])p'8  L.  0.  20) ;  Aug.  22,  1874 
(1  id.  64) ;  Oct.  27,  1874 ;  Dec.  4,  1877  (4  Copp's  L.  O.  146) ;  Nov.  9, 
1878  (5  id.  131).  Cix.  G.  L.  0.,  June  13,  1872  (0opi)'8  L.  L.  2o3) ; 
July  15,  1872  (id.  275)  ;  Feb.  3,  1873  {id.  276).  General  Cii-.,  Sept, 
1,  1879,  p.  17. 

Sec.  237.  Every  person  entitled,  under  the  provisions  of   Persons  who 
section  two  hundred  and  thirty-five,  to  enter  a  homestead  }^an  "^iGo^^^re^ 
who  may  have  heretofore  entered,  under  the  homestead  rigiita of. 
laws,  a  quantity  of  land  less  than  one  hundred  and  sixty 
acres,  shall  be  permitted  to  enter  so  much  land  as,  when 
added  to  the  quantity  previously  entered,  shall  not  exceed 
one  hundred  and  sixty  acres. 

17  Stat.  333;  E.  S.  2306.  Decisions  Sec,  Int..  Dec.  5,  1872  (Copp's 
L.  L.  277) ;  Aug.  25,  1874  (1  Co])p's  L.  O.  99);  Sept.  23,  1874  (1  id. 
99) ;  Feb.  27,  1875  (2  id.  18) ;  Sept.  23,  1875  (2  id.  100) ;  April  4, 
1876  (3  id.  21) ;  May  8,  1876  (3  id.  21) ;  May  17,  1876  (3  id.  22) ;  May 
27, 1876  (3  id.  53) ;  June  10,  1876  (3  id.  52) ;  Jul  v  10,  1876  (3  id.  52) ; 
Nov.  27,  1876  (3  id.  164) ;  Feb.  6,  1878  (4  id.  179) ;  Ai)ril  9,  1879 ; 
Sept.  18,  1879  (6  Copp's  L.  O.  106);  Sept.  27,  1879  (;>  id.  107);  Jan. 
3,  1880  (6  id.  190) ;  Marcb  30,  1880  (7  id.  67).  Decisions  Com.  G.  L. 
O.,  Ai)ril  27,  1874  (1  Copp's  L.  O.  35) ;  Mav  14, 1874  (I  id.  163) ;  Oct. 
5, 1874  (1  id.  114);  Oct.  27,  1874;  Dec.  10,  1874  (1  Co])p'sL.  O.  163); 
Jmie4, 1875(2rd.  .^*0);  July  17,  1875  (2 ?U  82);  July  31,  1875;  Sept. 

27. 1875  (2  Copp's  L.  O.  99) ;  Nov.  9,  1878(5  id.  131) ;  Dec.  2,  1878  (5 
id.  147) ;  Dec.  5, 1878  (5  id.  117) ;  Aug.  18, 1879  (6  id.  106) ;  June  4, 
1880  (7  id.  87).  Cir.  G.  L.  O.,  Juno  13,  1872  (Copp's  L.  L.  263); 
Feb.  5,  1873  {id.  276);  Marcb  28,  1873  {id.  277);  Nov.  3,  1873  {id. 
278);  Aug.  5,  1874  {id.  279);  May  22,  1876  (3  Copp's  L.  O.  52); 

Mav  17,  1877  {4  id.  37);  ,  1878  (5  id.  118).     General  Cir., 

Sept.  1,  1879,  p.  19 ;  Sept.  1,  1879  (6  Copp's  L.  O.  106). 

Sec.  238.  In  case  of  the  death  of  any  jjcrson  Avho  would    wuiow  nnd mi- 
be  entitled  to  a  homestead  under  the  ])rovisions  of  «eoti()n""j;gJjJ^^''*|j',",",],^j 
two  hundred  and  thirty-five,  his  widow,  if  unmarried,  ortoUomesteiui.&c. 
in  case  of  her  death  or  marriage,  then  his  minor  orplian 
children,   by  a    guardiaii    duly   appointed    and    oificnally 
accredited   at  the  Department  of  the  Interior,  shall   be 
entitled  to  all  the  benefits  enumerated  in  this  cha^jter,  sub- 


90  UOMESTEADS. 

ject  to  all  the  i)i()visiotisas  to  sottlcmcutand  imi»rovonioiits 
tlioroiii  (.'Diitaiiu'il ;  but  if  such  ])(M-s()n  died  duiiiii;-  liis  term 
of  i'ldistiiU'iil,  the  mIioIc  tonn  of  his  oidistnicnt  shall  be 
diHlucted  from  the  time  heretolbro  required  to  perfect  the 
title. 

17  Stat,  aaj;  R.  S.  tlWOT.  Jarvis  r.  Ilon'man,  4:5  Cal.  311 ;  Chant  r. 
Keynohls,  4'J  i(/.  '2U\ ;  IVrrv  v.  Ashhv,  5  Ncl).  291.  Decisions  Com. 
U.  L.  O.,  April  i:?,  ISGl;  April  14,  1874  (1  Co])p's  h.  O.  20);  July 
•2;>,  1874  (Copp's  L.  L.  -J/l) ;  Au};.  4,  1874  ;  So])t.  25,  1874  (Copp's  L. 
L.  21(i) ;  Nov.  27,  1874  (1  Copp's  L.  0. 103) ;  Uoc.  15,  1874  (Copp'a 
L.  L.  272) ;  July  31,  1875 ;  Juno  12,  1870  (3  Copp's  L.  O.  «D) ;  Jan. 
2i»,  1S77;  April  9,  1877  (4  Copp's  L.  O.  3^) ;  Doc.  4,  1877  (4  id. 
140);  Nov.  9,  1878  (5  id.  131);  Dec.  5,  1878  {5  id.  147);  April  8, 
1880  (7  id.  24).  Ch-.  G.  L.  O.,  June  13,  1872  (Copp's  L.  L.  263). 
General  Cir.,  Sept.  1,  1879,  pp.  10,  20. 

Actaai  service  Sec.  239.  Where  a  party  at  the  date  of  his  eiitiy  of  a 
Kavy%^™ah"nt  ^^"'^^^  ^^  huul  uiider  the  homestead  laws,  or  subsequently 
to  residence,  ic.  thereto,  Avas  actually  eulisted  aiul  employed  in  the  Army 
or  Xavy  of  the  United  States,  his  services  therein  shall,  iu 
the  administration  of  such  homestead  laws,  be  construed 
to  be  equivalent,  to  all  Intents  and  purposes,  to  a  residence 
for  the  saiue  length  of  time  upon  the  tract  so  entered,  iiud 
if  his  entry  has  been  canceled  by  reason  of  his  absence 
from  such  tract  while  in  the  military  or  naval  service  of  the 
United  States,  and  such  tract  has  not  been  disposed  of,  his 
entry  shall  be  restored  j  but  if  such  tract  has  been  disposed 
of,  the  party  may  enter  another  tract  subject  to  entry  under 
the  homestead  laws,  and  his  right  to  a  patent  therefor  may 
be  determined  by  the  proofs  touching  his  residence  and 
cultivation  of  the  first  tract  and  his  absence  therefrom  in 
such  service. 

17  Stat.  333;  R.  S.2308.  Decision  Sec.  Int.,  April  9,  1879.  Decis- 
ions Com.  G.  L.  O.,  Feb.  3,  1880  (G  Coi)p's  L.  0.  190).  Cir.  G.  L. 
O.,  Juno  13,  1872  (Copp's  L.  L.  203). 

by^en't.^^^"*^'^  ^^'^'  -^^-  ^very  soldier,  sailor,  marine,  officer,  or  other 
person  coming  within  the  ])rovisions  of  section  two  hundred 
and  thirty-five,  may,  as  well  by  an  agent  as  in  person,  enter 
upon  such  homestead  by  filing  a  declaratory  statement,  as  iu 
pre-emption  cases ;  but  such  claimant  in  person  shall  within 
the  time  prescribed  make  his  actual  entry,  commence  settle- 
ments and  improvements  on  the  same,  and  thereafter  fulfill 
all  the  requirements  of  law. 

17  Stat.  334;  R.  S.  2309.  Decisions  Sec.  Int.,  April  6,  1876;  May 
17,  1876  (3  Copp's  L.  O.  22) ;  May  27, 1870  (3  id.  53) ;  Aug.  3,  1876 
(3  id.  122) ;  April  19,  1«79  ;  Sept.  27,  1879  (G  Copp's  L.  0.  107). 
Decisions  Com.  G.  L.  O.,  April  14,  1874  (1  Copp's  L.  O.  25); 
Aug.  14,  1874  ;  Nov.  27,  1874  (1  Copp's  L.  O.  1(33) ;  April  15,  1875 
(2  id.  34) ;  July  31,  1875;  Jan.  29,  lo77  ;  July  25,  1877  (4  Copp's 
L.  O.  107) ;  Aug.  6,  1879  (6  id.  93).  Cir.  G.  L.  O.,  June  13,  1872 
(Copp's  L.  L.  203)  ;  May  17,  1873  (id.  273) ;  Aug.  5,  1877  (id. 
279);  May  22,  1870  (3  Copp's  L.  O.  52);  Sept.  14,  1876  (3  id  115); 
May  17,  1877  (4  id.  37) ;  July  8, 1878  (4  id.  167).  General  Cir.,  Sept. 
1,  1879,  p.  19.    Rules  24  and  25,  G.  L.  O.  Rep.  1877,  p  101. 

Hompstead right     Sec.  241.  Any  Indian  born  in  the  United  States,  who  is 

I^^'So  ^s'^e^ver  ^^^  l^^ad  of  a  family,  or  who  has  arrived  at  the  age  of  twenty- 

^eir  tribal  reia- ouc  ycars,  and  who  has  abandoned,  or  may  hereafter  aban- 

"*'  don,  his  tribal  relations,  shall,  on  making  satisfactory  proof 

of  such  abandonment,  under  rules  to  be  prescribed  by 

the  Secretary  of  the  Interior,  be  entitled  to  the  benefits  of 


HOMESTEADfS.  91 

the  act  entitled  "An  act  to  secure  liomesteads  to  actual 
settlers  ou  the  public  domain",  ajiproved  May  twenty, 
eighteen  hundred  and  sixty-two,  and  the  acts  amendatory 
thereof,  except  that  the  provisions  of  the  eighth  section  of 
said  act  shall  not  be  held  to  apply  to  entries  made  under 
this  section.  The  title  to  lands  acquired  by  any  Indian 
under  this  section  shall  not  be  subject  to  alienation  or  in- 
cumbrance, either  by  voluntary  conveyance  or  the  judg- 
ment, decree,  or  order  of  any  court,  and  shall  remain 
inalienable  for  a  period  of  five  years  from  the  date  of  the 
patent  issued  therefor.  Any  such  Indian  shall  be  entitled 
to  his  distributive  share  of  all  annuities,  tribal  funds,  lands, 
and  other  proi)erty,  the  same  as  though  he  had  maintained 
his  tribal  relations ;  and  any  transfer,  alienation,  or  incum- 
brance of  any  interest  he  may  hold  or  claim  by  reason  of 
his  former  tribal  relations  shall  be  void. 

18  Stat.  4-20.     Cir.  G.  L.  O.,  March  25,  1875  (Copp's  L.  L.  384). 
General  Cir.,  Sept.  1,  1879,  p.  20. 

Sec.  242.  In  all  cases  in  which  Indians  have  heretofore  Certain  Indian 
entered  public  lands  under  the  homestead  law,  and  have  timed^'^^^  '^^'^ 
proceeded  in  accordance  with  the  regulations  prescribed 
by  the  Commissioner  of  the  General  Land  Office,  or  in 
which  they  may  hereafter  be  allowed  to  so  enter  under 
said  regulations  i^rior  to  the  i)romulgation  of  regulations  to 
be  established  by  the  Secretary  of  the  Interior  under  the 
preceding  section,  and  in  which  the  conditions  prescribed 
by  law  have  been  or  may  be  complied  with,  the  entries  so 
allowed  are  hereby  confirmed,  and  patents  shall  issue  thereon ; 
suliject,  however,  to  the  restrictions  and  limitations  con- 
tained in  the  preceding  section  in  regard  to  alienation  and 
incumbrance. 

18  Stat.  420.    Cir.  G.  L.  O.,  Marcli  25,  1875  (Copp's  L.  L.  284).    Gen- 
eral Cir.,  Sept.  1, 1879,  p.  20. 

Sec.  243.  Each  of  the  chiefs,  warriors,  and  heads  of  fam-    CMefs,  &c.,  of 
ilies  of  the  Stockbridge  Munsee  tribes  of  Indians,  residing  in  Mu^ge^^'^hom^ 
the  county  of  Shawana,  State  of  Wisconsin,  may,  under  the  stead  rigks  of. 
direction  of  the  Secretary  of  the  Interior,  enter  a  homestead 
and  become  entitled  to  all  the  benefits  of  this  chapter,  free 
from  any  fee  or  charge ;  and  any  ])art  of  their  j) resent  reser- 
vation, which  is  abandoned  for  that  purpose,  may  be  sold, 
under  the  direction  of  the  Secretary  of  the  Interior,  and  the 
l)roceeds  applied  for  the  benefit  of  such  Indians  as  may  set- 
tle on  homesteads,  to  aid  them  in  improving  the  same. 

13  Stat.  562;  E.  S.  2310.     Decision  Sec.  Int.,  Feb.  11,  1870  (Copp'a 
L.  L.  283).     Cir.  G.  L.  O.,  April  1,  1870  (Copp's  L.  L.  283). 

Sec.  244.  The  homestead  secured,  by  virtue  of  the  pre-    Exemption  of 
ceding  section,  sliall  not  be  subject  to  any  tax,  levy,  or  sale;  |lj^^»'j^8toiid  of 
nor  shall  it  be  sold,  conveyed,  mortgaged,  or  in  any  manner  kunseos.    *  ^^ 
incumbered,  except  upon  the  decree  of  the  district  court  of 
the  United  States,  as  provided  in  the  following  section. 

13  Slat.  .'■)G2j  11.  S.2311. 
Sec.  245.  Whenever  any  of  the  chiefs,  warriors,  or  heads    stockbridge 
of  families  of  the  tribes  mentioned  in  section  two  hundred  IHg "iuzons!"^*""' 
and  forty-three,  having  file<l  with  the  cleric  of  the  district 
court  of  the  United  States  a  declaration  of  his  intention  to 


92  HOMESTEADS. 

bccomo  a  citizen  of  the  United  States,  and  to  dissolve  all 
relations  witli  any  Indian  tribe,  two  years  previons  thereto, 
appears  in  siu-h  eonrt,  and  proves  to  tlio  satisl:u;tion  tliereof, 
by  the  testiuu)ny  of  two  citizens,  that  for  five  years  last 
past  he  has  adopted  the  hal)its of  civilized  life;  that  ho  has 
maintained  himself  and  family  by  his  own  industry;  that 
he  reacts  and  si)eaks  the  En.ulish  lanj;iia{^e  ;  that  ho  is  well 
disposetl  to  become  a  i)eaccablo  and  orderly  citizen ;  and 
that  he  has  sutlicient  ciii)acity  to  mauajjo  Ids  own  affairs ; 
the  court  may  enter  a  decree  admitting  him  to  all  the  ri^^hts 
of  a  citizen  of  the  Umtcd  States,  and  thenceforth  ho  shall 
bo  uo  lon;;er  held  or  treat<id  as  a  member  of  any  Indian 
tribe,  but  sliall  bo  entitled  to  all  the  rights  and  ijrivileges, 
and  be  subject  to  all  the  duties  and  liabilities  to  taxation  of 
other  citizens  of  the  United  States.  But  nothing  herein 
contained  shall  be  construed  to  deprive  such  chiefs,  war- 
riors, or  heads  of  families  of  annuities  to  which  they  are  or 
may  be  entitled. 

13  Stat.  Z6-2;  R.  S.2312.     Decision  Sec.  Int.,  Feb.  11,  1870  (Copp's 
L.  L.  'J83).    Decision  Com.  G.  L.  O.,  April  1,  1870  (Copp's  L.  L.  2ri3). 

ofYheotla^a^aJd  '^^^^  -^^-  ^he  unoccupicd  lauds  in  the  reservation  made 
chipnewa  inji- for  thc  Ottuwa  aud  Cliijipewa  Indians,  of  Michigan,  by  the 
for^homrsS*^  ti-eaty  of  July  thiity-one,  eighteen  hundred  and  fifty-five, 
shall  be  open  to  homestead  entry  for  six  months  from  the 
tenth  day  of  June,  eighteen  hundred  and  seventy-two,  by 
Indians  only  of  those  tribes,  who  have  not  made  selections 
or  pui'chases  under  the  treaty,  including  such  members  of 
the  tribes  as  have  become  of  ago  since  the  expiration  of  the 
ten  years  named  in  the  treaty ;  and  every  Indian  so  entitled 
shall  be  permitted  to  make  his  homestead  entry,  at  the  local 
land  oifice,  within  such  six  months,  of  not  exceeding  one 
hundred  and  sixty  acres,  or  one  quarter-section  of  minimum, 
or  eighty  acres  of  double-minimum  land,  on  making  proper 
proof  of  his  right,  under  such  rules  as  may  be  prescribed 
by  the  Secretary  of  the  Interior. 

17  Stat.  381 ;  18  id.  516 ;  19  id.  55 ;  R.  S.  2313. 

miSlsaiTerpS     ^^^-  -^7.  Tho  collcctor  of  customs  foF  the  district  in 
ceding  section,    which  such  land  is  situated,  is  authorized,  and  it  is  made  his 
duty,  to  select  for  such  minor  children  as  would  be  entitled, 
under  the  preceding  section,  as  the  heirs  of  any  Indian. 
17  Stat.  381 ;  18  id.  516 ;  19  id.  .55 ;  R.  S.  2314. 

tier8%^n\bov*'  ^^^*  ^^^'  ^U  ^ctual,  jKjrmanent,  bona-fide  settlers  on  any 
landB  prior  to.  <tc.  of  such  lands  who  Settled  prior  to  the  first  day  of  January, 
eighteen  hundred  and  seventy-two,  shall  be  entitled  to  enter 
either  under  the  homestead  laws  or  to  x>ay  for  at  the  minimum 
or  double-minimum  price,  as  the  case  may  be,  not  exceeding 
one  hundred  and  sixty  aeres  of  the  former  or  eighty  acres  of 
the  latter  class  of  land,  on  making  proof  of  his  settlement  and 
continued  residence  before  the  expiration  of  six  months  from 
the  tenth  day  of  June,  eighteen  hundred  and  seventy-two. 

17  Stat.  3.31 ;  18  id.  516 ;  19  id.  55 ;  R.  S.  2315. 

^^cert.am  knds  Sec.  249.  All  sclectioDS  of  such  lauds  by  Indians  hereto- 
i^dil^8^'*^^king  fore  made  and  regularly  reported  and  recognized  as  valid 
selection.  ^Lud  i^Toi)GT  by  the  Secretary  of  the  Interior  and  Commis- 


HOMESTEADS.  93 

sioiier  of  Indian  Affairs,  shall  be  patented  to  the  respective 
Indians  making  the  same ;  and  all  sales  heretofore  made 
and  reported,  where  the  same  are  regular  and  not  in  con- 
flict with  such  selections,  or  with  any  other  A^alid  adverse 
right,  except  of  the  United  States,  are  confirmed,  and  pat- 
ents shall  issue  thereon  as  in  other  cases  according  to  law. 
17  Stat.  381;  18  id.  516;  19  id.  55;  R.  S.  2316. 
Sec.  250.  Every  person  having  a  homestead  on  the  public    Cultivation  of 
domain,  under  the  provisions  of  this  chapter,  who,  at  the  end  g^  tracts.*""" 
of  the  third  year  of  his  residence  thereon,  shall  have  had 
under  cultivation,  for  two  years,  one  acre  of  timber,  the  trees 
thereon  not  being  more  than  twelve  feet  apart  each  way,  and 
in  a  good,  thrifty  condition,  for  each  and  every  sixteen  acres 
of  such  homestead,  shall,  upon  due  proof  of  the  fact  by  two 
credible  witnesses,  receive  his  patent  for  such  homestead. 

17  Stat.  606 ;  18  id.  21,  481,  516 ;  19  id.  54  ;  E.  S.  2317.  Cir.  G.  L.  O., 
Oct.  30,  1873  (Copp's  L.  L.  646). 

Sec.  251.  From  and  after  March  three,  eighteen  hundred  ^^^'^J^  dLbi^ 
and  seventy-nine,  the  even  sections  within  the  limits  of  any  mhiTmum  "lands 
grant  of  pubhc  lands  to  any  railroad  company,  or  to  any  ^^«^^«*^^^*-®g^ 
military-road  company,  or  to  any  State  in  aid  of  any  rail- Additional   en- 
road  or  military-road,  shall  be  open  to  settlers  under  the|7n?/9^now™d^ 
homestead  laws  to  the  extent  of  one  hundred  and  sixty  acres  now  entry,  when 
to  each  settler :  and  any  person  who  has,  under  existing 
laws,  taken  a  homestead  on  any  even  section  within  the 
limits  of  any  railroad  or  military-road  land  grant,  and  who, 
by  existing  laws,  shall  have  been  restricted  I  o  eighty  acres, 
may  enter  under  the  homestead  laws  an  additional  eighty 
acres  adjoining  the  land  embraced  in  his  original  entry,  if 
such  additional  land  be  subject  to  entry ;  or,  if  such  person 
so  elect,  he  may  surrender  his  entry  to  the  United  States 
for  cancellation,  and  thereupon  be  entitled  to  enter  lands 
under  the  homestead  laws  the  same  as  if  the  surrendered 
entry  had  not  been  made.    And  any  person  so  making  ad- 
ditional entry  of  eighty  acres,  or  new  entry  after  the  sur- 
render and  cancellation  of  his  original  entry,  shall  be  per- 
mitted so  to  do  without  payment  of  fees  and  commissions ; 
and  the  residence  and  cultivation  of  such  person  upon  and  of 
the  land  embraced  in  his  original  entry  shall  be  considered 
residence  and  cultivation  for  the  same  length  of  time  upon 
and  of  the  land  embraced  in  his  additional  or  new  entry, 
and  shall  be  deducted  from  the  five  years'  residence  and 
cultivation  required  by  law :  Provided,  That  in  no  case  shall    Proviso, 
patent  issue  upon  an  additional  or  new  homestead  entry 
under  this  section  until  the  person  has  actually,  and  in 
conformity  with  the  homestead  laws,  occupied,  resided  upon, 
and  cultivated  the  land  embraced  therein  at  least  one  year. 

20  Stat.  472.  Decisions  Sec.  Int.,  Sept.  23,  1875  (2  Copp'a  L.  O. 
100) ;  Sept.  27,  1879  (G  id.  107).  Decisions  Com.  G.  L.  O.,  July  30, 
1879  (6  Copp's  L.  0. 106) ;  April  22, 1880  (7  id.  125).  Cir.  G.  L.  O., 
March  24. 1879  (6  Copp's  L.  O.  28) ;  May  21,  1879  (6  id.  US) ;  Sept. 
20,  1879  (6  id.  124).    General  Cir.,  Sept!  1,  1879,  pp.  10, 15. 

Sec.  252.  Persons  who  have  heretofore  under  any  of  the  ci^„?ant^orthei? 
homestead  laws  entered  lands  properly  subject  to  such  assi^T)'-'"  "|a.v 
entry,  or  persons  to  whom  the  riglit  of  those  havhig  so  ^Li'li'por  ncro  fn 
entered  for  homesteads  may  have  been  attempted  to  be '^*^'^'*i"  <"^«''»- 


94  HOMESTEADS. 

transfoiTOiI  b.v  boiui-fulo  instruniojit  in  writing,  may  entitle 
tlionisi'lvos  to  saitl  lands  l>.y  ])avini;'  the  Government  i)rice 
therei'or,  and  in  no  case  less  than  one  dollar  and  twenty-live 
cents  per  acre,  and  the  anionnt  heretofore  paid  the  Govern- 
ment npon  said  lands  shall  be  taken  as  part  payment  of 
Proviso.  said  price :  Propidcd,  This  shall  in  no  wise  intertcre  with 

the  rii;iits  or  claims  of  others  who  may  have  subsequently 
entered  such  lands  under  the  homestead  laws. 

21  Stat.  'J:?7,  'r,d.  Decision  Sec.  lut.,  Sept.  2:?,  1875  (2  Copp's  L.  O. 
UR)).  Decision  Com.  G.  L.  O.  (G  Copp's  L.  O.  189).  Cir.  G.  L. 
O.,  July  17,  16S0  (7  Copp's  L.  O.  89). 

hcS'°s^to™r'°°i?^     ^^'^"  *^^'^"  -^^^^  homestead  entries,  or  entries  in  comidiance 
tries  within  rail-  with  any  law  of  the  United  States,  of  the  public  lands, 
[^i^rtoi^i'w^ptof  iJi'i^^^  in  good  faith,  by  actual  settlers,  upon  tracts  of  land 
notice  of  witii-  of  not  uiorc  tliau  one  hundred  and  sixty  acres  each,  withiii 
d^iwai  at  iociii|^|j(.  limits  of  auy  land  grant,  i)rior  to  the  time  when  notice 
of  the  withdrawal  of  the  lands  embraced  in  such  grant  was 
received  at  the  local  land  ofiQce  of  the  district  in  which  such 
lauds  are  situated,  or  after  their  restoration  to  market  by 
order  of  the  General  Land  OfiQce,  and  where  the  homestead 
laws  have  been  complied  with,  and  proper  proofs  thereof 
have  been  made  by  the  parties  holding  such  tracts  or  par- 
cels, they  shall  be  confirmed,  and  patents  for  the  same  shall 
issue  to  the  parties  entitled  thereto. 

19  Stat.  35,  36.  Op.  Att.  Gen.  Aug.  4,  1876,  in  manuscript.  Cir.  G. 
L.  O.,  Aug.  14,  1876  (3  Copp's  L.  O.  119). 

raUrMd^  CTants  ^^^'  '^^^'  ^^^^u  at  the  time  of  such  withdrawal,  as  stated 
rc-enteroa  byiu  the  preceding  section,  valid  homestead  claims  existed 
»bMdSiment**^^^POii  ^uy  lauds  within  the  limits  of  any  such  grants  which 
afterwards  were  abandoned,  and,  under  the  decisions  and 
rulings  of  the  Land  Department,  were  re  entered  by  home- 
stead claimants  who  have  complied  with  the  laws  governing 
homestead  entries,  and  shall  make  the  proper  proofs  required 
under  such  laws,  such  entries  shall  be  deemed  valid,  and 
patents  shall  issue  therefor  to  the  person  entitled  thereto. 

19  Stat.  35,  36.     Decision  Sec.  Int.,  April  28, 1871  (1  Copp's  L.  0. 36) 

tn?3'^arte''after  ^EC.  255.  All  such  homcstcad  entries  which  may  have 
expiration  of'iand  been  made  by  permission  of  the  Land  Department,  or  in 
grant  cont^rmed.  p^pg^-^jjce  of  the  rulcs  and  instructions  thereof,  within  the 
limits  of  anj-  land  grant  at  a  time  subsequent  to  expiration 
of  such  grant,  shall  be  deemed  valid,  and  a  compliance  with 
the  laws  and  the  making  of  the  proof  required  shall  entitle 
the  holder  of  such  a  claim  to  a  patent  therefor. 

19  Stat.  35,  36. 

Note. — See  section  210  for  authority  of  homestead  claimants  to  con- 
vey lands  for  church,  cemetery,  and  school  purposes,  and  for  right  of 
way  for  raihroads. 


CHAPTER   NINE. 

TIMBER  AND  TIMBEE  CULTURE. 


Sec. 

256.  Timber  on  miueral  lands  may  be  taken 

for  certain  purposes.  Permission 
to  take  not  extended  to  raikoad 
companies. 

257.  Duty  of  register  and  receiver  to  re- 

port unautborized  taking. 

258.  Penalty  for  unautborized  taking. 

259.  Timber  and  stone  lands  in  California, 

Oregon,  &c.,  to  bo  sold. 
2fi0.  Apiilication     for     jiurcbase.      False 

STveariug. 
2G1.  Publication  of  apiplication.     Facts  to 

be  i)roved.     Objections  to  patent. 
2tJ2.  Cutting  timber  unlawfully ;  penalty. 
2G3.  Certain  prosecutions,  relief  from. 
264.  Eepeals. 
2G5.  Live-oak  and  red-cedar  lands. 

266.  Selection  of  live-oak  and  red-cedar 

tracts. 

267.  Protection  of  live-oak  and  red-cedar 

timber. 

268.  Cutting  or  destruction  of  live-oak  or 

red-cedar;  penalty. 

269.  Vessels  employed  in  carrying  away 

live-oak  and  red-cedar ;  forfeiture  of. 

270.  Clearance  of  vessels;  laden  witb  live- 

oak  ;  prosecution  of  depredators. 

271.  Secretary  of  Navy  to  ascertain  wbat 

reserved  lands  not  required  for 
naval  purposes. 

272.  Lands  not  required,  to  be  certified  to 

Secretary  of  Interior  and  thereafter 
to  bo  subject  to  entry  and  sale. 
Preference  right  of  purchase  for 
certain  parties. 


Sec. 

273.  Cutting  or  injuring  trees  on  lands  of 

United  States  reserved  or  purchased 
for  public  uses;  punishment. 

274.  Authority  to  condone  trespasses  com- 

mitted i>rior  to  March  1,  1879. 

275.  Timber-culture  entries.     Patents  to 

issue  for  lauds  cultivated  in  timber 
at  expiration  of  eight  years.  Only 
one-quarter  of  a  section  to  be  en- 
tered, and  but  one  entry  allowed. 

276.  Oath  on  apx)lication  for  entry. 

277.  Number  of  acres  to  be  broken  and 

Ijlanted  annually.  Time  extended 
in  case  of  destruction  by  grasshop- 
pers or  drought. 

278.  Proof  of  cultivation,  final  certificate, 

and  patent. 

279.  Eight  to   be  foi-feited  on  failure  to 

comply  with  the  law. 

280.  Land  not  liable  for  prior  debts. 

281.  Commissioner  to  make  regulations. 

Fees  of  registers  and  receivers. 

282.  False  oath  constitutes  perjury. 

283.  Entries  under  former  laws,  how  per- 

fected. 

284.  Publication  of  notice  of  contest. 

285.  Lands  relinquished  by  timber-culture 

claimants,  subject  to  re-entry  at 
once. 

286.  Contestants  of  timber-culture  entries 

allowed  thirty  days  after  notice  of 
cancellation  to  make  entry. 


Sec.  256.  All  citizens  of  the  United  States  and  other  per-    Timber  on  min- 
sons,  bona-fide  residents  of  the  State  of  Colorado,  or  Nevada,  taken  for  certain 
or  either  of  the  Territories  of  New  Mexico,  Arizona,  Utah,  pm-poses. 
Wyoming,  Dakota,  Idaho,  or  Montana,  and  all  other  mine- 
ral districts  of  the  United  States,  shall  be,  and  are  hereby, 
authorized  and  i)ermitted  to  fell  and  remove,  for  building, 
agricultural,  mining,  or  other  domestic  purj^oses,  any  tim- 
ber or  other  trees  growing  or  being  on  the  jmblic  lands,  said 
lands  being  mineral,  and  not  subject  to  entry  under  exist- 
ing laws  of  the  United  States,  except  for  mineral  entry,  in 
either  of  said  States,  Territories,  or  districts  of  which  such 
citizens  or  ])ersons  may  be  at  the  time  bona-lide  residents, 
subject  to  such  rules  and  regulations  as  the  Secretary  of  the 
Interior  may  prescribe  for  the  protection  of  the  timber  and 
of  the  undergrowth  growing  upon  such  lauds,  and  for  other 

95 


OG  TlMina:    AND    'IIMUKU    CULTURE. 

r.<mia»iou  to  ])ur|)osos :  rroi'ith'd.  That  tho  foivjxoiu^j:  provisions  shall  not 
U'na,VVtonriLvui^'^^<^'"*l  ^<^>  railroad  corporations. 
i-oiiip:.iuts.  .JO  Stat.  SS.     U.  8.  r.  Nelson,  5  Suw.C.C.GS.     1  Op.  Att.  Gon.  471, 

•J::..     K.)goi-s  r.  8(>j,'^8,  "JvJ  Ciil.  441.     Cii-.  0.  L.  O.,  Aug.  15,  l!S7d  (G 

Copp's  L.  O.  iJl). 

Dutyofrcj;t8tx>r     Sec.257.  Itsliallbothodntyof  tlieroj^istcr and tlio receiver 

report Tpon'^un^  of  any  local  land  oHicc  in  wlioso  district  any  niin(>ral  land 
Mthorizixi  tnk-inay  bo  situated  to  asc(>rtain  from  time  to  time  whether  any 
^'  timber  is  boinjx  eut  or  used  upon  any  such  lands,  except  for 

the  purposes  authorized  in  the  i)recedin*:^  section,  within 
their  respective  land  districts;  and,  if  so,  they  shall  imme- 
diately notify  the  Commissioner  of  the  General  Land  Office 
of  that  fact ;  and  all  necessary  expenses  incurred  in  makinj^ 
such  proper  examinations  shall  be  paid  and  allowed  such 
register  and  receiver  in  making  up  their  next  quarterly 
accounts. 

20  Stat.  88.    Cir.  G.  L.  O.,  Aug.  15,  1878  (6  Copp'a  L.  0. 21). 

Penalty  for  nn-  Sec.  258.  Any  pcrsou  or  persons,  "who  shall  violate  the 
^uionzed  t^J^- provisions  of  the  two  next  preceding  sections,  or  any  mles 
and  regnlations  in  pursuance  thereof  made  by  the  Secretary 
of  the  Interior,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  convict  ion,  shall  bo  flned  in  any  sum  not  exceed- 
ing live  hundred  dollars,  and  to  which  may  be  added  im- 
prisonment for  any  term  not  exceeding  six  months. 

20  Stat.  89.  Cotton  v.  U.  S.,  11  How,  229 ;  Ilntchins  v.  King,  1  Wall. 
53  ;  Sclmlenberg  v.  Harriman,  21  id.  44,  U.  S,  t\  Nolson,  5  Saw, 
C,  C,  G8,  1  Op,  Att,  Gen.  194, 471,  475,  Cir,  G,  L,  O.,  Aug,  15,  1878 
(GCopp'sL,  0,21). 

Timber  and     Sec.  259.  Survcycd  public  lands  of  the  United  States 
caHfomia,"'  Ore-  within  the  States  of  California,  Oregon  and  Nevada  and  in 
"^oid  *^"'  **  ^  Washington  Territory,  not  included  within  military,  Indian, 
or  other  reservations  of  the  United  States,  valuable  chiefly 
for  timber,  but  unlit  for  cultivation,  and  which  have  not 
been  offered  at  public  sale  according  to  law,  may  be  sold  to 
citizens  of  the  United  States,  or  persons  who  have  declared 
their  intention  to  become  such,  in  quantities  not  exceeding 
one  hundred  and  sixty  acres  to  any  one  person  or  associar 
tion  of  persons,  at  the  minimum  price  of  two  dollars  and 
fifty  cents  per  acre ;  and  lands  valuable  chiefly  for  stone 
Proviso  may  be  sold  on  the  same  terms  as  timber  lands  :  Provided, 

That  nothing  herein  contained  shall  defeat  or  impair  any 
bona-tide  claim  under  any  law  of  the  United  States,  or  a,u- 
tliorize  the  sale  of  any  mining  claim,  or  the  improvements 
of  auy  boua-fide  settler,  or  lands  containing  gold,  silver, 
cinnabar,  co])per,  or  coal,  or  lands  selected  by  the  said  States 
'  under  any  law  of  the  United  States  donating  lands  for  in- 

ternal improvements,  education,  or  other  i)urpo.',es:  A7id 
prodded  further^  That  none  of  the  rights  conferred  by  the 
act  ai)proved  Julj^  twenty-sixth,  eighteen  hundred  and  sixty- 
six,  entitled  "An  act  granting  the  right  of  way  to  ditch  and 
canal  owners  over  the  public  lands,  and  for  other  purposes," 
shall  be  abrogated  by  this  act ;  and  all  patents  granted  shall 
be  subject  to  any  vested  and  accrued  water  rights,  or  rights 
to  ditches  and  reservoirs  used  in  connection  with  such  water 
rights,  as  may  have  been  acquired  under  and  by  the  pro- 


TIMBER    AND    TIMBER    CULTURE.  97 

visions  of  said  act;  and  such  rights  shall  be  expressly  re- 
served in  any  patent  issued  under  this  act. 

14  Stat.  251 ;  20  id.  8U ;  R.  S.  2339,  2340,  2341.  McFarland  v.  Cul- 
bertson,  2  Nev.  280 ;  Peck  v.  Brown,  5  id.  81 ;  Eureka  Mg.  Co.  v. 
Way,  11  id.  171.  Decision  Com.  G.  L.  O.,  June  6, 1874  (1  Copp'sL. 
0.  58).     Cir.  G.  L.  O.,  May  1,  1880  (7  Copp's  L.  O.  2(i). 

Sec.  2G0.  Any  person  desiring  to  avail  himself  of  the  pro-  AppUcationfor 
\  isions  of  this  act  shall  file  with  the  register  of  the  proper  P'lrchase. 
district  a  written  statement  in  duplicate,  one  of  which  is  to 
be  transmitted  to  the  General  Land  Office,  designating  by 
legal  subdivisions  the  particular  tract  of  land  he  desires  to 
purchase,  setting  forth  that  the  same  is  unfit  for  cultivation, 
and  valuable  chiefly  for  its  timber  or  stone ;  that  it  is  unin- 
habited ;  contains  no  mining  or  other  improvements,  except 
for  ditch  or  canal  purposes,  where  any  such  do  exist,  save 
such  as  were  made  by  or  belong  to  the  applicant,  nor,  as  de- 
l)onent  verily  believes,  any  valuable  deposit  of  gold,  silver, 
cinnabar,  co])per,  or  coal ;  that  deponent  has  made  no  other 
application  under  this  act ;  that  he  does  not  apply  to  pur- 
chase the  same  on  speculation,  but  in  good  faith  to  appro- 
priate it  to  his  own  exclusive  use  and  benefit ;  and  that  he 
has  not,  directly  or  indirectly,  made  any  agreement  or  con- 
tract, in  any  way  or  manner,  with  any  person  or  persons 
whatsoever,  by  which  the  title  which  he  might  acquire  from 
the  Government  of  the  United  States  should  inure,  in  whole 
or  in  ijart,  to  the  benefi  t  of  any  person  except  himself ;  which 
statement  must  be  verified  by  the  oath  of  the  applicant  be- 
fore the  register  or  the  receiver  of  the  land  office  within  the 
district  where  the  land  is  situated ;  and  if  any  person  tak- 
ing such  oath  shall  swear  falsely  in  the  premises,  he  shall  jn^'^^^ucatfon^" 
be  subject  to  all  the  pains  and  penalties  of  ])erjury,  and  shall '°  ''^^  *^' 
forfeit  the  money  which  he  may  have  paid  for  said  lands, 
and  all  right  and  title  to  the  same;  and  any  grant  or  con- 
veyance which  he  may  have  made,  except  in  the  hands  of 
bona-fide  j)urcliasers,  shall  be  null  and  void. 

20  Stat.  89.     Cir.  G.  0.  L.,  May  1,  1880  (7  Copp's  L.  O.  26). 

Sec.  2G1.  Upon  the  filing  of  said  statement,  as  provided    Publication  of 
in  the  preceding  section,  the  register  of  the  land  oflice,  "^'^'  "'•"'t'"^- 
shall  post  a  notice  of  such  application,  embracing  a  descrip- 
tion of  the  land  by  legal  subdivisions,  in  his  office,  for  a 
period  of  sixty  days,  and  shall  furnish  the  apjilicant  a  copy 
of  the  same  for  publication,  at  the  expense  of  such  appli- 
cant, in  a  newsi)aper  i)ubbslied  nearest  the  location  of  the 
premises,  for  a  like  ])eriod  of  time ;  and  after  the  expiration 
of  said  sixty  days,  if  no  adverse  claim  shall  have  been  filed, 
the  person  desiring  to  i)urchase  shall  furnish  to  the  regist^ir    Facts  to  bo 
of  the  land  office  satisfactory  evidence,  first,  thatsaid  notice  of '"'"^''^'^" 
thea])])lication  prepared  by  the  register  as  aforesaid  was  duly 
l)ublished  in  a  newspaper  as  herein  required  ;  secondly,  that 
the  land  is  of  the  character  contemplated  in  this  act,  unoc- 
cuj)ied  and  without  improvements,  other  than  those  ex- 
cepted, either  mining  or  agricultural,  and  that  it  api)arently 
contains  no  valuable  dei)Osits  of  gold,  silver,  cinnabar,  cop- 
X>er,  or  coal;  and  upon  payment  to  the  proper  officer  of  the 
purchase  money  of  said  land,  together  with  the  fees  of  the 
7  L  o 


08 


■riMi;i:u  and  timiu.u  cn/ruia:. 


Cuttinj:  timber 
tLnlawfuIlv. 


roiiistcr  :ni(l  tlu'  n'c('i\t*r.  ;is  inovidcd  lor  in  case  of  ininiiifjj 
chiims  in  tlic  one  Im  <lri'(l  ;ni(l  tliirly-sfvoiith  section,  tlio 
;ipl)lii';uit  nwiy  be  pennittiMl  to  futcr  siiid  tract,  and,  on  the 
transmission  to  the  General  Land  t)tlice  of  the  papers  and 
testiinitny  in  the  case,  a  i)ate;it  shall  issnc  thereon:  Pro- 
oi.jectiou  loridcil,  Tliat  any  jx'rson  liavin<i  a  valid  claim  to  any  portion 
ot  tiu'  land  may  ooiect.  in  writia.u,  to  the  issnancc  ot  a  pat- 
ent t(»  lands  so  hi'ld  l»y  him,  stating  the  nature  of  his  claim 
thereto;  and  evidence  shall  l)e  taUea,and  the  merits  of  said 
objt'ctioi  shall  bedi'termi' cd  by  tlieothcersof  the  land  ohice, 
subject  to  appeal,  as  in  other  lai;d  cases.  Eflect  shall  i)e 
jiiven  to  the  Ibrenoin,";-  i)i()visio:is  of  this  act  by  rej^ulaiiois 
to  be  i)rescribed  by  the  Commissio  er  of  the  General  Land 
Utlice. 

17  Stat.  Ho ;  20 hi  60.  U.  S.  2-2.]8.  Jld^ulaml  r.  Ciilbcitsou, 2Ncv. ;280; 
reck  r.  Brown,  bid.  al.    Cir.  G.  1,.  O.,  May  1, 1680(7  Copp'sL.  0. 2u). 

Sec.  202.  After  the.  ])assa;;'e  of  this  act  it  shall  be  unlaw- 
ful to  cut,  or  cause  or  jjrocure  to  be  cut,  or  wantonly  de- 
stroy, ajiy  timber  .urowin.yon  any  lands  of  the  United  States, 
in  said  States  and  Territory,  or  remove,  or  cause  to  be  re- 
moved, any  timber  from  said  ])ul)lic  lands,  with  intent  to  ex- 
port or  dispose  of  the  same;  and  no  owner,  master,  or  con- 
signee of  any  vessel,  or  owner,  director,  or  agent  of  any  rail- 
road, shall  knowingly  transport  the  same,  or.  any  lumber 
manufactured  therefrom;  and  any  i)ersoa  violating  the  jiro- 
visions  of  this  section  shall  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  lined  for  every  such  offense  a  sum 
not  less  than  one  hundred  nor  more  than  one  thousan<l  dol- 
lars: Prorided,  That  nothing  lierein  contairied  shall  ]>re- 
A'ent  any  miner  or  agriculturalist  from  clearing  his  laid  in 
the  ordinary  working  of  his  mining  claim,  or  pre])aring  his 
farm  for  tillage,  or  from  taki))g  the  timber  necessary  to  sup- 
port his  improvements,  or  the  taking  of  timber  for  tlie  use  of 
the  United  States;  and  the  penalties  herein  provided  shall 
not  take  effect  until  ninety  days  after  the  passage  of  this  act. 
20  Stat.  90.  Cotton  v.  U.  S.,  11  How.  220.  •  U.  S.  r.  McEiitec,  IT. 
S.  Dist.  Ct.  Minn.,  Oct.  1877.  Decision  Com.  G.  L.  O.,  Dec.  11,  ld78, 
(G  Copp's  L.  O.  7G).  Cir.  G.  L.  0.,  Aug.l5,  ld78  (G  Copp's  L.  O.  21) ; 
May  1,  1880  (7  id.  2G). 

Sec.  263.  Any  person  prosecuted  in  said  States  and  Ter- 
ritory lor  violating  section  two  hundred  and  sixty-eight,  who 
is  not  ])rosecuted  for  cutting  timber  for  export  from  the 
United  States,  may  be  relieved  from  further  ])rosecut:ou 
and  liability  therefor  upon  ])ayment,  into  the  court  wherein 
said  action  is  i)ending,  of  the  sum  of  two  dollars  and  lilty 
cents  per  acre  for  all  lands  on  which  he  shall  have  cut  or 
caused  to  be  cut  timber,  or  removed  or  caused  to  be  le- 
moved  the  same:  I^rovidcd,  That  nothing  contained  in  this 
section  shall  be  construed  as  granting  to  the  person  hereby 
relieved  the  title  to  said  laials  for  said  payment;  but  he 
shall  have  the  right  to  i)urchase  the  same  upon  the  same 
terms  and  conditions  as  other  jiersons,  as  provided  herein 
before  in  this  act:  And  J'vrther  inorided.,  That  all  moneys 
collected  under  this  act  shall  be  covered  i.ito  the  Treasury 
of  the  United  States.    And  section  four  thousand  seven  hun 


Penaltr. 


Proviso. 


Certain  prose- 
cutions, relief 
from. 


Piovis'). 


TIMBER    AND    TIMBER    CULTURE.  99 

(Ircd  and  fifty-one  of  the  Revised  Statutes  is  hereby  repealed, 
so  far  as  it  relates  to  the  States  and  Territory  herein  named. 

m  Stat.  90,  91.  U.  S.  V.  Nelson,  5  Saw.  C.  C.  Gd.  Cir.  G.  L.  O.,  Aug. 
15,  1878  (tJ  Copp's  L.  0.  21). 

Sec.  264.  All  acts  and  parts  of  acts  inconsistent  with  the    Repeals, 
provisions  of  the  five  preceding  sections  are  repealed. 

20  Stat.  90,  91. 
Sec.  205.  The  Secretary  of  the  Navy  is  authorized,  under  j^Lw^oak^^and 
the  direction  of  the  President,  to  cause  such  vacant  and  un- 
appro])riated  lands  of  the  United  States  as  produce  the  live- 
oak  and  red-cedar  timbers  to  be  explored,  and  selection  to 
be  made  of  such  tracts  or  portions  thereof,  where  the  prin- 
cipal growth  is  of  either  of  such  timbers,  as  in  his  judgment 
may  be  necessary  to  furnish  for  the  !N^avy  a  sufticieut  sui^ply 
of  the  same. 

3  Stat.  347,  C.07  ;  4  id.  242 ;  R.  S.  2458.  U.  S.  v.  Briggs,  9  How.  351. 
Cir.  G.  L.  0.,  Aug.  8,  1831,  (2  Laws,  Instructions,  and  Opinions, 

455). 

Sec.  266.  The  President  is  authorized  to  appoint  survey-  ofkandred-cSS 
ors  of  public  lands,  who  shall  perform  the  duties  i)rescribed  tracts, 
in  the  preceding  section,  and  report  to  him  the  tracts  by 
them  selected,  with  the  boundaries  ascertained  and  accu- 
rately designated  by  actual  survey  or  Avater-courses ;  and 
the  tracts  of  land  thus  selected  with  the  approbation  of  the 
President  shall  be  reserved,  unless  otherwise  directed  by 
law,  from  any  future  sale  of  the  public  lands,  and  be  appro- 
priated to  the  sole  purpose  of  supplying  timber  for  the  Navy 
of  the  United  States  ;  but  nothing  in  this  section  contained 
shall  be  construed  to  ])rejudice  the  prior  rights  of  any  per- 
son claiming  lands,  which  may  be  reserved  in  the  manner 
herein  provided. 

3  Stat.  347 ;  R.  S.  2459.  U.  S.  v.  Briggs,  9  How.  351.  2  Op.  Att. 
Gen.  524.  Cir.  G.  L.  O  ,  Aug.  8,  1831  (2  Laws,  Instructious,  and 
Opinions,  455). 

Sec.  267.  The  President  is  authorized  to  employ  so  uiuch  Protectwn^^of 
of  tlie  land  and  naval  forces  of  the  United  States  as  may  (i^dar'tmiber.'" 
be  necessary  effectually  to  (prevent  the  felling,  cutting  down, 
or  other  destruction  of  the  timber  of  the  United  States  in 
Florida,  and  to  prevent  the  transportation  or  carrying  away 
any  such  timber  as  maybe  already  felled  or  cut  down  ;  and 
to  take  such  other  and  further  measures  as  may  be  deemed 
advisable  for  the  jjivservation  of  the  timber  of  the  United 
States  in  Florida. 

:'.  Stat.  G51 ;  R.  S.  2460.     Scliulonbcrg  v.  Harrinuui,  21  Wall.  44. 

Sec.  268.  If  any  person  shall  cut,  or  cause  or  procure  to    Cutting  or  de- 
be  (;ut,  or  aid,  assist,  or  be  employed  in  cutfhig,  or  shall  o!ulT)rred-cedari 
wantonly  destroy,  or  cause  or  procure  to  be  wantonly  de-  ptuaity. 
stroyed,  or  aid,  assist,  or  be  employed  in  wantonly  destroy- 
ing any  live-oak  or  red  cedar  trees,  or  other  timber  standing, 
growing,  or  l)eing  on  any  laiuls  of  the  United  States,  which, 
in  pursuance  of  any  law  i)assed,  or  hereafter  to  be  passed, 
have  been  reserved  or  purchased  tor  the  use  of  the  United 
States,  for  su])])lying  or  furnishing  therefrom  timber  for  the 
Navy  of  the  United  States ;  or  if  any  i)erson  shall  remove, 
or  cause  or  i)rocure  to  be  removed,  or  aid,  or  assist,  or  bo 


100  TIMHKK    AND     TlMl'.Klt    (Tl/rURK. 

einplovi'il  ill  n'luoviiiu"  iVoiii  uuy  such  hiiuls  wliicli  liavo  hccii 
irsfiM'd  ov  piircliiiscd,  any  live  oak  or  ivil  cedar  trees,  or 
tttlier  timber,  unless  duly  authorized  so  to  (U),  by  order,  in 
wriliiii:',  of  a  eoiMi>etent  ollieer,  and  lor  the  use  t)f  the  Navy 
of  the  Tuited  States;  or  if  any  person  shall  cut,  or  eause 
or  procure  t*>  be  cut,  or  aid,  or  assist,  or  be  employed  in  eut- 
tiui;  any  live  oak  or  red-cedar  trees,  or  other  tijid)<'r  on,  or 
shall  remove,  or  cause  or  procure  to  be  removed,  or  aid,  or 
assist,  or  be  emph)yed  in  removing  any  live-oak  or  red  cedar 
trees  or  otlu'r  timber,  from  any  other  lands  of  the  irnited 
States,  acquired  or  hereafter  to  be  a<'<iuired,  with  intent  to 
export,  dis]>ose  of,  use,  or  employ  tlie  same  in  any  manner 
whatsoever,  other  th..u  for  the  use  of  the  Navy  of  tlie  United 
States ;  every  such  persou  shall  pay  a  fme  not  less  thau 
triple  the  value  of  the  trees  or  timber  so  cut,  destroyed,  or 
removed,  and  shall  be  imprisoned  not  exceedini;-  tv.elve 
months. 

4  Stat.  472;  K.S.24G1.  U.  S.  v.  Bviix^s,  9  How.  :ir)l ;  Cotton  r.  U. 
S.,  11  id.  -2r2'J;  Ilutchius  v.  Kiug,  1  Wall.  53;  Scliulcubcrj^  f.  ilar- 
riiuaii,  21  id.  44.  U.  S.  v.  McEutee,  U.  S.  Dist.  Ct.  Miiiii.,  Oct.  Ih77, 
iu  uiaiinscrii)t ;  U.  S.  v.  Nelson,  5  Saw.  C.  C.  68.  Kansas  r.  Har- 
rold,  1)  Kansas,  194  ;  Stevens  v.  Perrier,  12  id.  297 ;  James  v.  Snel- 
6on,  '3  Mo.  27d ;  Tniley  v.  Tncker,  G  id.  583 ;  Bower  r.  Higbee,  9  id. 
259;  Keeton  v.  Andslev,  19  id.  362;  Wo(>druff  ?•.  Roberts,  4  La. 
Ann.  127 ;  Lovett  v.  Nolile,  1  Scamm.  (Ills.)  185  (11  Ills.  529) ;  Win- 
cber  I".  Sehrewsbnrv,  2  Scamm.  (Ills.)  284  ;  Rogers  (;.  Soggs,  22  Cal. 
444.  1  Op.  Att.  Geu.  194,471,475;  2  id.  524.  Decision  Sec.  Int., 
Dec.  26,  1854  (1  Lester's  L.  L.  629).  Decisions  Com.  G.  L.  O., 
Sept.  1,  1665  (Zab.  L.  L.  891) ;  June  29,  1874  (1  Copp's  L.  0.  102); 
Dec.  11,  1878  {6id.  76).  Cir.  G.  L.  O.,  Dec.  24,  1855  (Zab.  L.  L. 
888  ;  Copp's  L.  L.  653 ;  1  Copp's  L.  O.  102) ;  May  2,  1877  (4  Copp's 
L.  O.  55) ;  Ang.  V,,  1878  (6  id.  21; ;  June  27,  1879  (6  id.  59) ;  Mav  1, 
1880  (7  id.  26). 

Vessels  em-  Sec.  2G9.  If  the  master,  owner,  or  consipfiiee  of  any  ves- 
u!tYwav°iive-"a^  s^l  shall  knowiugly  take  on  board  any  timber  cut  on  lands 
and  red-cedar;  whicli  have  bccu  rcsei'vcd  or  purchased  as  in  the  preceding 
forfeiture  of.  gection  prescribed,  witliout  proper  authority,  and  for  the  use 
of  the  Navy  of  the  United  States ;  or  shall  take  on  board 
any  live-oak  or  red-cedar  timber  cut  on  any  other  lands  of 
the  United  States,  with  intent  to  transport  the  same  to  any 
port  or  place  within  the  United  States  or  to  export  the  same 
to  any  foreign  country,  the  vessel  on  board  of  which  the 
same  shall  be  taken,  transported,  or  seized,  shall,  with  her 
tackle,  apparel,  and  furniture,  be  wholly  forfeited  to  the 
United  States,  and  the  captain  or  master  of  such  vessel 
wherein  the  same  was  exporte<l  to  any  foreign  country 
against  the  provisions  of  this  section  shall  forfeit  and  pay 
to  the  United  States  a  sum  not  exceeding  one  thousand 
dollars. 

4  Stat.  472 ;  R.  S.  2462.     4  Op.  Att.  Gen.  247,  339, 403. 

Clearance  of  Sec.  270.  It  shall  be  thc  duty  of  all  collectors  of  the  cus- 
u^akfllro^u''- toms  withiu  the  States  of  Alabama,  Mississippi,  Louisiana, 
tion  of  depredat-  and  Florida,  before  allowing  a  clearance  to  any  vessel  laden 
""■  in  whole  or  in  part  with  live-oak  timber,  to  ascertain  satis- 

factorily thatsuch  timber  wai^  cut  from  private  lands,  or,  if 
from  public  ones,  by  consent  of  the  Navy  Department.  And 
it  is  also  made  the  duty  of  all  officers  of  the  customs,  and 
of  the  land  ofticers  within  those  States,  to  cause  prosecu- 


TIMBER    AND    TIMBER    CULTURE.  101 

tions  to  be  seasonably  iustituted  against  all  persons  known, 
to  be  guilty  of  depredations  on,  or  injuries  to,  the  live-oak 
growing  on  the  public  lands. 

4  Stat.  647 ;  R.  S.  2463.    4  Op.  Att.  Geu.  403. 
Sec.  271.  The  Secretary  of  the  Navy  is  authorized  to    Secretary  of 
cause  an  examination  to  be  made  of  the  condition  of  allwhYt^reae^^ed 
lands  in  the  State  of  Florida  whicli  have  been  set  apart  or  ^^J^^^  ^^^  requir- 

T  ^  ,  ,  •  , ,  ,  •    '■  ert  tor  naval  pnr- 

reserved  tor  naval  purposes,  excepting  the  reservation  upon  poses. 
whicli  the  navy-yard  at  Pensacola  is  located,  and  to  ascer- 
tain whether  or  not  such  reserved  lands  are  or  will  be  of 
any  value  to  the  Government  of  the  United  States  for  naval 
purj)oses. 
■     20  Stat.  470,  471. 

Sec.  272.  All  of  said  lands  which,  in  the  judgment  of  the    Lands  not  re- 
Secretary  of  the  Navy,  are  no  longer  required  for  naval  pur-  SfledtoSeCTetaTv 
poses  shall,  as  soon  as  practicable,  be  certified  by  him  to  the  »*'  interior  and 
Secretary  of  the  Interior,  and  be  subject  to  entry  and  sale  subject  to  entry 
in  the  same  manner  and  under  the  same  conditions  as  other '^'^'^  ^*^®- 
public  lands  of  the  United  States :  Provided,  That  all  per-  Preference  right 
sons  who  have,  in  good  fiiith,  made  improvements  on  said  "ertmn p^artiesf*"^ 
reserved  lauds  so  certified  on  the  third  day  of  March,  eight- 
een hundred  and  seventy-nine,  and  who  occupy  the  same, 
shall  be  entitled  to  purchase  the  part  or  parts  so  occupied 
and  improved  by  them,  not  to  exceed  one  hundred  and  sixty 
acres  to  any  one  person  at  one  dollar  and  twenty-five  cents 
per  acre  within  such  reasonable  time  as  may  be  fixed  by 
the  Secretary  of  the  luterior. 
20  Stat.  471. 

Sec.  273.  If  any  person  or  persons  shall  knowingly  and  .  Cuttiujt  or  in 
unlawfully  cut,  or  shall  knowingly  aid,  assist,  or  be  em- -{an^g^o?  United 
ployed  in  uulawfullv  cutting,  or  shall  wantonlv  destroy  or '^'^atpa    reserved 

•     •  ,     '  1  ?       1       1      J  1  •     •  1  or  purchased  for 

injure,  or  procure  to  be  wantonly  destroyed  or  injured,  any  public  uses. 
timber  tree  or  any  shade  or  ornamental  tree,  or  any  other 
kind  of  tree,  standing,  growing,  or  being  upon  any  lands  of 
the  United  States,  which,  in  pursuance  of  law,  have  been 
reserved,  or  which  have  been  purchased  by  the  United 
States  for  any  public  use,  every  such  person  or  persons  so 
ofl'ending,  on  conviction  thereof  l)efore  any  circuit  or  dis- 
trict court  of  the  United  States,  shall,  for  every  sucli  oftense, 
I)ay  a  tine  not  exceeding  live  hundred  dollars,  or  shall  be  runisiiment. 
imprisoned  not  exccMMling  twelve  mouths:  I'roHded,  That  I'loviso. 
nothing  in  this  section  sliall  be  construed  to  api)ly  to  unsur- 
veyed  public  lands  and  to  public  lands  subject  to  i)re-emp- 
tion  and  homestead  laws,  nor  to  public;  lands  subject  to  an 
act  to  ])romote  the  develoi)iiieiit  of  the-  iiiiiiiug  resources  of 
the  United  States,  approved  May  tenth,  eighteen  hundred 
and  seventy-two. 

18  Stat.  481,  482.     U.  S.  v.  Bi-igi,'s,  '.)  How.  351 ;  Cotton  v.  U.  S.,  11 
id.  2-.i9  ;  Hutchins  v.  King,  I  Wall.  53.     1  Op.  Att.  Gcu.  194. 

Sec.  274.  When  any  lands  of  the  United  States,  not  min-     Authority  to 
eral,  shall  have  been  entered  and   the  Government  price  p."a"yy"","„,f[^ 
paid  therefor  in  full,  no  criminal  suitor  proceeding  by  or  prior  to  March  u 
in  the  name  of  the  United  States  shall  thereafter  be  had^^^^" 
or  further  nuiintained  for  any  trespasses  upon  or  for  or  on 


102  llMlU'.lv    ANI>    TIMHKK    CULTriJK. 

ncH'oniit  ttfaiiv  iiKit('ii:il  taken  iVoiii  said  lands,  and  iiociNil 
suit  or  pri>rt.'('diii.u"  shall  lie  liad  or  liirllicr  niaintaiiicd  lor  or 
on  ac'c-oniit  of  any  trespasses  upon  or  material  taken  iVoni 
the  said  lands  of  the  ITuited  States  in  the  ordinary  elearinj^ 
of  laud,  in  workiii};"  ;•.  niiuin;;'  I'laiiu,  or  foi-  aj;rieultural  or 
donu'stie  purposes,  or  for  niaintaiuiuj;'  iiuprovenieuts  ui)ou 
the  laud  of  any  boua-lide  settler,  or  for  or  on  account  of  any 
timber  or  material  taken  or  used  by  ii:iy  person  without  fault 
or  kuo\vletl,i;e  of  the  tivspass,  or  for  or  ou  account  of  any 
tind)er  taken  or  used  without  fraud  or  collusion  by  any  per- 
son who.  in  ji,ood  faith,  paid  the  otlicers  or  ajzeuts  of  the 
United  States  for  the  sanu^,  or  for  or  on  account  of  any 
Pro^go.  allejivil  conspiracy  in  relation  theret():  Provided,  That  the 

]>rovisii)ns  of  this  section  shall  apply  only  to  trespasses  and 
acts  done  or  committed  and  conspiracies  entered  into  prior 
to  March  lirst,  eighteen  hundred  and  seventy-nine:  And 
proridvd  further.  That  defendants  in  such  suits  or  proceed- 
iiius  shall  exhibit  to  the  i)roper  courts  or  officer  the  evidence 
of  such  entry  and  payment,  and  shall  pay  all  costs  accrued 
up  to  the  time  of  such  entry. 

Act  ufJnne  15,  1880.  U.  S.  r.  lIcEiitee,  U.  S.  Dist.  Ct.  Minn..  Oct. 
1877,  ill  manuscript.  Decisiou  Com.  G.  L.  O.,  June  29,  1874(1 
Copp's  L.  0. 15<J).     Cir.  G.  L.  O.,  July  17, 1880  (7  Copp's  L.  O.  89). 

Timi>ei-cuitare  Sec.  27o.  The  act  entitled  "An  act  to  amend  the  act  enti- 
*°Patent8to issue  tied  'Au  uct  to  cucourage  the  growth  of  timber  on  westeru 
for  land  cuiti- pp^jj-i^^^  '''  ai)i)roved  ^larcli  thirteenth,  eighteen  hundred  and 

vated    in   timber  •  ,       j.  •  i      i   .  i  .•   ii  hm      i. 

at  expiration  of  scveuty  lour,  IS  amended  to  read  as  toUows :  That  any  person 
eight  years.  ^^\^^  j^  ^\^^  head  of  a  family,  or  who  has  arrived  at  the  age  of 
twenty-one  years,  and  is  a  citizen  of  the  United  States,  or 
who  shall  have  filed  his  declaration  of  intention  to  become 
such,  as  rcijuired  by  the  naturalization  laws  of  the  United 
States,  who  shall  plant,  protect,  and  keep  in  a  healthy,  grow- 
ing condition  for  eight  years  ten  acres  of  timber,  ou  any  quar- 
ter-section of  any  of  the  public  lands  of  the  United  States, 
or  five  acres  on  any  legal  subdivision  of  eighty  acres,  or  two 
and  one-half  a(;res  ou  any  legal  subdivision  of  forty  acres  or 
less,  shall  be  entitled  to  a  patent  for  the  whole  of  said  quar- 
ter-section, or  of  such  legal  sul)di vision  of  eighty  or  forty 
acres,  or  fractional  subdivision  of  less  than  forty  acres,  as 
the  case  may  be,  at  the  expiration  of  said  eight  years,  on 
making  proof  of  such  fact  by  not  less  than  two  credible  wit- 
nesses, and  a  full  compliance  of  the  further  conditions  as 
provided  in  the  next  section  :  Provided^  That  not  more  than 
teP^'ls^ctionTo  o"^  qnartcr  of  any  section  shall  be  thus  granted,  and  that  no 
be  entered,  and  pcTsou  shall  make  morc  tliau  one  entry  under  the  provisions 

bnt  one  entrv  al-     <■  .  i  ■     i 

lo^ed.         ■      ol  tins  law. 

20  Stat.  113, 114, 11.5.  Decisions  Sec.  Int.,  Jnlv  :51,  1870  (3  Copp's  L. 
O.  73);  Auii.  3,  1876  (3.  id.  122):  Jan.  4,  1877  (:5  id.  181);  Sept.  24, 
1877  (4  id.  i:54);  Feb.  12.  1879  ((J  M.22);  Auj--.  23,  1879  (6  id.  113); 
Sept.  12,  lc79 ;  Dec.  4,  1879  ((>  Cojip's  L.  O.  1.53) ;  April  30, 1880  (7 
id.  39).  Deci.sion.s  Com.  G.  L.  O.,  June  10, 1873  (Copp's  L.  L.  G57)  ; 
June  24,  1873  {id.  6.52);  June  6,1874  {id.  653;  1  Copp's  L.  O.  58); 
June  20,  1874  (Copp's  L.  L.  658) ;  June  :30,  1«74  {id.  656);  Aug.  4, 
1874  {id.  654  ;  1  Copp's  L.  0.  92) ;  Aug.  17,  1874  (1  Copp's  L.  0. 92); 
Oct,  2:5, 1874  (Copp's  L.L.  655;  2  Copp's  L.  O.  39) ;  Dec.  11,1874(6 
Copjrs  L.  O.  174) :  Aug.  16,  1875  (2  id.  86);  March  27,  1876  (3  id. 
3);  June  :J0,  1.-'76  (3 /rf.  73);  Julv  6,  1876  (3  «7.  71);  July  6,1876 
(3  id.  71);  Julv  17, 1«76  (3  id.  72);  Dec.  12,  1876  (3  id.  172) ;  Jan. 


TIMBER    AND    TIMBER    CULTURE.  103 

27, 1877  (:5  id.  170) ;  April  9, 1877  (4  id.  162) ;  July  25, 1877  (4  id.  85) ; 
Dec.  18,  1879  ((J  id.  154);  Marcli  16, 1H80  (7  id.  6);  April  15,  1880  (7 
id.  25);  May  18,  1880  (7  id.  39).     Cir.  G.  L.  O.,  May  3,  1876  (3 

Copp's  L.  d.  :3«) ;  Jihio  27,  1878  (5  id.  77) ; ,  1878  (5  id.  118). 

Geueral  Cir.,  Sept.  1, 1879,  pp.  23,  26. 

Sec.  27G.  Tbe  i)erson  applying  for  the  benefits  of  this  law    Oath  om  apph- 
shall,  upon  a])plication  to  the  register  of  the  hmd  district  in''''^'*"^f''^'"^"'y- 
>vhicli  he  or  slie  is  about  to  make  such  entry,  make  atJidavit, 
before  the  register  or  the  receiver,  or  the  clerk  of  some 
court  of  record,  or  officer  authorized  to  administer  oaths  in 
the  district  where  the  land  is  situated ;  which  affidavit  shall 

be  as  follows,  to  wit :  I, ,  having  filed  my  application, 

number  — ,  for  an  entry  under  the  jn'ovisions  of  an  act  en- 
titled "An  act  to  amend  an  act  entitled  "An  act  to  encourage 
the  growth  of  timber  on  the  western  i)rairies,'"  approved 

,  187-,  do  solemnly  swear  (or  affirm)  that  I  am  the  head 

of  a  family  (or  over  twentj'-oue  years  of  age),  and  a  citizen 
of  the  United  States  (or  have  declared  my  intention  to  be- 
come such) ;  that  the  section  of  laud  specified  in  my  said  ap- 
plication is  composed  exclusively  of  prairie  lands,  or  other 
lands  devoid  of  timber;  that  this  filing  and  entry  is  made 
for  the  cultivation  of  timber,  and  for  my  own  exclusive  use 
and  benefit ;  that  I  have  made  the  said  api)lication  in  good 
faith,  and  not  for  the  purpose  of  speculation,  or  directly  or 
indirectly  for  the  use  or  benefit  of  any  other  person  or  per- 
sons whatsoever;  that  I  intend  to  hold  and  cultivate  the 
land,  and  to  fully  comply  with  the  provisions  of  the  law;  and 
that  1  have  not  heretofore  made  an  entry  under  the  timber- 
culture  laws. 

:^0  Stat.  113,  114,  115.  Decisions  Sec.  Int.,  May  15,1876  (3  Copp's 
L.  O.  38);  July  31, 1  76  (3  id.  73) ;  Jan.  4, 1877  (3  id.  181);  Sept.  24, 
1877  (4  id.  134);  Sept.  12, 1^79.  Decisions  Com.  G.  L.  O.,  Jnno  6, 
1874  (Copji's  L.  L.  653  ;  1  Copp's  L.  O.  58) ;  Aug.  6, 1874  (Copji's  L. 
E.  654);  Oct,  23,  1874  (id.  655;  2  Copp's  L.  L.  39);  Dec.  11,  1874; 
Jan.  24, 1879;  Dec.  18,  1879  (6  Copp's  L.  O.  154).     Cir.  G.  L.  O., 

Jan.  8,  1H78  (4  Copp's  L.  O.  167) ;  June -^7,  1878  (5«/.  77);  , 

1»78  (5  id.  lib).     General  Cir.  G.  L.  O.,  Sept.  1, 1879,  p.  25. 

Sec.  277.  Upon  filing  said  affidavit  with  the  register  and  >rimiberofacrP8 
receiver  and  on  payment  of  ten  dollars,  if  the  tract  applied  p^'autexUnnuaUy! 
for  is  more  than  eighty  acres,  and  five  dollars  if  it  is  eighty 
acres  or  less,  lie  or  she  shall  thereuj)on  be  permitted  to 
enter  the  quantity  of  land  speciiied;  and  the  ])arty  making 
an  entry  of  a  quarter-section  shall  be  required  to  break  or 
plow  five  acres  covered  thereby  the  first  year,  five  acres  the 
second  year,  and  to  cn]ti\'ate  to  crop  or  otherwise  the  five 
acres  broken  or  plowed  the  first  year;  the  third  year  he 
or  she  shall  cultivate  to  (;rop  or  otherwise  the  five  acres 
broken  the  second  j-ear,  and  to  ])Iant  in  timber,  seeds,  or 
cuttings  the  five  acres  first  broken  or  plowed,  and  to  culti- 
vate and  put  in  crop  or  otherwise  the  remaining  five  acres, 
and  the  fourth  year  to  plant  in  timber,  seeds,  or  cuttings  the 
remaining  five  acres.  All  entries  of  less  quantity  than  one 
quarter  section  shall  be  plowed,  planted,  cultivated  and 
planted  to  trees,  tree-seeds,  or  cuttings,  in  tlie  same  man- 
ner and  in  the  same  ])roportion  as  liereinbefore  provided  for 
a  quarter-section:  rrovided,  hoicever,  That  in  case  sucli  Time estendci 
trees,  seeds,  or  cuttings  shall  be  dcstroved  by  erassIioDncrs,  i'lf'-ifoofaostm. 
or  l)y  extreme  and  unusual  droulli  lor  any  year  or  term  ot  pers  or  drouth. 


lOl  iiMiiKi;  AM)    iiMr.r.K   cn/ruuE. 

years,  \hv  tinu'  tor  |tlanliii,u  siu-li  trci's,  seeds,  or  cuttinus 
sliall  b«'  extended  one  year  lor  every  sueli  year  tliat  tliey 
are  so  destroyed:  ]*i(>vi<}t'(],fi(rther,  Tliat  the])erson  nialcinj;- 
sueh  «'ntry  sliall,  before  he  or  she  shall  he  entitled  to  such 
extension  of  time,  tile  with  the  re.ijister  and  the  receiver  of 
the  pro[)er  land  olliee  an  aHidavii,  corroborated  by  two  wit- 
nesses, setting"  forth  the  (h'struelioii  of  such  trees,  and  that, 
in  consecjuenci'  of  such  destruction,  he  or  she  is  coni])elhHl 
to  ask  an  extension  of  time,  in  accordance  with  the  provis- 
ions of  this  law. 

20  Stat.  113,114,115.  Decisions  Sec.  Int.,  May  1~,  187(;  (:?  Copp's 
L.  O.  38) ;  Dec.  '23, 187(5  (3  id.  ISO) ;  April  U,  1877  (4  id.  21) ;  Mav 
29,  1878  (5  id.  87);'Dec.  4,  1879  ((JW.  153);  April  30,  1880  (7  id. 
39);  Mav  31, 1880  (7  irf.  30).  Decisions  Com.  G.  L.  O.,  June  24,  1873 
(Copp's  L.  I.. 052) ;  Jnlv  25,  \>7l  {id.  ti.-,3;  1  Copp's  L.  0. 92) ;  Aug. 
4,  l'^74  (Copi."s  L.  L.r)54);  Dec.  11,1874;  Jan.  21,  1875  (1  Copp's 
L.  0.171);  Feb.  11,1875  (Copp's  L.  L.  O.Vl ;  1  Copp's  L.  0.181); 
.Tnne  28,  1875  (2  Copp's  L.  O.  54) ;  July  1 ,  1875  (2  id.  54) ;  Sept.  27, 
1875(2j.7.  100);  Dec.3, 1375  (2irM33) ;  JulyO,  187G  (3t(f.72) ;  July 
17, 187(5  (3  iV.  71) ;  April  9, 1877  (4  id.  1(12) ;  July  18, 1877  (4  id.  l(y2J; 
July  24,  1877  (4  id.  85);  Jan.  24,  1879;  May  18,  1880  (7Copp's  L.  O. 
39).'  Cir.  G.  L.  0.,  April  (i,  1874  (Copp's  L.  L.  (549 ;  1  Copp's  L.  O. 
26).     General  Cir.  G.L.O.,  Se))t.  1,  1879,  pp.  25, 27. 

Troof  of  cu!ti-  Sec.  278.  !N"o  fimil  certificate  shall  be  given,  or  patent  is- 
r^cat'e  Md  pat-  sued,  for  the  land  so  entered  until  the  expiration  of  eight 
ent.    '  years  from  the  date  of  such  entry  ;  and  if,  at  the  expiration 

of  such  time,  or  at  any  time  within  Ave  years  thereafter,  the 
person  making  such  entry,  or,  if  he  or  she  be  dead,  his  or 
her  heirs  or  legal  representatives,  shall  ju'ove  by  two  cred- 
ible witnesses  that  he  or  she  or  they  have  planted,  and,  for 
not  less  than  eight  years,  have  (niltivated  and  protected  such 
quantity  and  character  of  trees  as  aforesaid ;  that  not  less 
than  twenty-seven  hundr«Ml  trees  were  planted  on  each  acre 
and  that  at  the  time  of  making  such  proof  that  there  shall 
be  then  growing  at  least  six  hundred  and  seventy-five  liv- 
ing and  thrifty  trees  to  each  acre,  they  shall  receive  a  i^atent 
for  such  tract  of  land. 

20  Stat.  113,  114,  115.  Decisions  Sec.  Int.,  Dec.  23,  1876  (3  Copp's 
L.  0. 180);  Nov.  14, 1877  (4  id.  134) ;  Dec.  22, 1877  (5  id.  21);  Sept. 
17,  lfc78  (5  id.  119) ;  April  30,  1880  ( 7  id.  39).  Decisions  Com.  G.  L. 
0.,  June  24, 1873  (Copp's  L.  L.  652) ;  Feb.  11,  1875  (id.  654) ;  March 
11,  1875  (id.  655) ;  March  23,  1875  (id.  656) ;  June  28,  1875  (2  Copp's 
L.0..54);  Jnlv  1,1875  (2  hZ.  .'4);  Sept.  2, 1875  ("2  id.  117);  Dec.3,  1875 
(2  id.  134) ;  March  10, 1877  (4  id.  162) ;  Jan.  8, 1878 (4 id.  167) ;  Mav  18, 
1880  (7  id.  39).  Cir.  G.  L.  O.,  June  27,  1878  (5  Copp's  L.  O.  77). 
General  Cir.  G.  L.  O.,  Sept.  1, 1879,  p.  24. 

Ricbt  to  be  for-  Sec.  279.  If  at  any  time  after  the  filing  of  said  affidavit, 
[o'^compiy^^with  ^^^^  piior  to  the  issuing  of  the  patent  for  said  land,  the 
the  law.  claimant  shall  fail  to  comply  with  any  of  the  requirements 

of  this  law,  then  and  in  that  event  such  land  shall  be  sub- 
ject to  entry  under  the  homestead  laws,  or  by  some  other 
Proviso.  person  under  the  provisions  of  this  law  :  ProvifJed,  That  the 

party  making  claim  to  said  land,  cither  as  a  homestead  set- 
tler, or  under  this  law,  shall  give  at  the  time  of  filing  his 
application,  such  notice  to  the  original  claimant  as  shall  be 
prescribed  l)y  the  rules  established  by  the  Commissioner  of 
the  General  Land  Office ;  and  the  rights  of  the  parties  shall 
be  determined  as  in  other  contested  cases. 

20  Stat.  113,  114,  115.  Decisions  Sec  Int.,  March  19,  1877  (4  Copp's 
L.0.21);  May  28,  1877  (4  id.  54);  Sept.  17, 1878  (5  id.  119);  Ang.23, 


TIMBER    AND    TIMIiER    CULTURE.  105 

1879  (0  id.  113) ;  March  4,  1880  (7  id.  39) ;  May  31, 1880  (7 id.  39).  De- 
cisious  Com.  G.L.  O.,  June  30,  1874  (Copp'a  L.L.656);  Dec.  11, 
1874  ((5  Copp's  L.  0. 174) ;  March  11,  1875  (Copp's  L.  L.  655) ;  March 
23, 1875  {id.  G5j)  ;  March  25,  1875  {id.  G57);  Oct.  30, 1875  (2  Copp's 
L.  O.  117) ;  Feb.  18, 187G  (2  id.  180) ;  May  11,  1876  (3  id.  22) ;  July  20, 
1876  {3  id.  72);  March  30,  1877  (4«/.76);  July  13,1877  (4tU77); 
Dec.  4,  1877  (4  W.  149) ;  Nov.  1,  1878(5  «Z.  147);  March  4, 1879  (6 
id.  126) ;  Oct.  22,  1879;  Feb.  17,  1880;  April  15, 1880  (7  Copp's  L. 
0.25).    Cir.  G.  L.O.,  Dec.  28,  1877  (4  (VL166);  June  27,  1878  (5 

id.  77) ;  ,  1878  (5  id.  118).    General  Cir.  G.  L.  O.,  Sept.  1,1879, 

pp.  25, 27. 

Sec.  280.  Ko  land  acquired  uuder  tlie  proviyions  of  this    Land  not  uabie 
law  shall,  in  any  event;,  become  liable  to  the  satisfaction  of  ^o^'P^or debts, 
any  debt  or  debts  contracted  prior  to  the  issuing  of  the  final 
certificate  therefor. 

20  Stat.  113, 114, 115.     Cir.  G.  L.  0.,  June  27,  1878  (5  Copp's  L.  O. 
77).     General  Cir.  G.L.O.,  Sept,  1, 1879,  p. 25. 

Sec.  281.  The  Commissioner  of  the  General  Land  Oflice  is     commiasioner 
required  to  prepare  and  issue  such  rules  aud  regulations,  [|on™f'^®  reguia- 
consistent  with  this  law,  as  shall  be  necessary  and  proper  to 
carry  its  i^royisions  into  effect ;  and  the  registers  aud  re-    Fees  of  regis- 
ceivers  of  the  several  land  offices  shall  each  be  entitled  to  re-  lf^^_  ^"'^  ''^''^^'^' 
ceive  two  dollars  at  the  time  of  entry,  aud  the  like  sum  when 
the  claim  is  finally  established  and  the  final  certificate  issued. 
20  Stat.  113,  114,  115. 

Sec.  282.  The  fifth  section  of  the  act  entitled  ''An  act  in    raise  oath  con- 
addition  to  an  act  to  punish  crimes  against  the   United  ^*'*''*®^  pequry. 
States,  and  for  other  purposes",  approved  March  third, 
eighteen  hundred  and  fifty-seven,  shall  extend  to  all  oaths, 
affiimations,  and  affidavits  required  or  authorized  by  this 
act. 

11  Stat.  250;  20 id.  113,  114,  115;  R.  S.  5392.  Cir.  G.  L.  O.,  June  27, 
1878  (5  Copp's  L.  0.  77).    General  Cir.  G.L.O.,  Sept.  1,  1879,  p.  26. 

Sec.  283.  Parties  who  have  already  made  entries  under  Entries  under 
the  acts  approved  March  third,  eighteen  hundred  and  sev-p°'^^^t^^*'''*''^ 
enty-three,  and  March  thirteenth,  eighteen  hundred  and 
seventy-four,  shall  be  permitted  to  complete  the  same  upon 
full  compliance  with  the  provisions  of  this  chapter;  that  is, 
they  shall,  at  the  time  of  making  their  final  proof,  have  had 
under  cultivation,  as  required  by  this  chapter,  an  amount  of 
timber  sufiicieut  -to  make  the  number  of  acres  required  by 
this  chapter;  aud  all  laws  and  parts  of  laws  in  conflict  with 
the  iirovisions  of  this  chai)ter  are  hereby  repealed. 

17  Stat.  605;  18  id.  21;  20  id.  113,  114,  115.  Decision  Sec.  Int., 
March  17,  1879  (6  Copp's  L.  0.  21.)  Decisions  Com.  G.  L.  O.,  Feb. 
14,  1879  (6  Copp's  L.  O.  22) ;  A])ril  1, 1879  (6  id.  126).  Cir.  G.  L.  O., 
June  27,  1878  (5  CopiVs  L.  O.  77).  General  Cir.  G.  L.  0.,  Sept.  1, 
1879,  p.  24. 

Sec.  284.  Tlie  notices  of  contest  provided  by  law  under    Publication  of 
the  tree  culture  laws  shall  be  printed  in  some  newspaper  °"*^'^®^"^*'*"^*®"*- 
printed  in  the  county  wliere  the  land  in  contest  lies;-  and  if 
no  newsi)aper  be  i)rinted  in  such  couuty,  then  in  the  news- 
paper printed  in  the  county  nearest  to  such  land. 

20  Stat.  91.     Cir.  G.  L.  O.,  June  12,  1878  (5  Copj/s  L.  O.  101). 

Sec.  285.  When  any  timber-culture  claimant  shall  file  a  T^*"/^  ^f^' 
written  relinquishment  of  his  claim  in  the  local  land  office,  Ser-^cuiturociaim- 
the  land  covered  by  such  claim  shall  be  held  as  oi)eu  to  settle-  *°*^  subject  to 

'^  *■  entry  at  once. 


106  TIMDER    AM>     IIMIIKK    CULTURE. 

TiuMit   ;ni(l  entry  wiiliout    Imtlicr  action  on  the  part  of  the 
Coiniiii.-isioner  of  tho  Cienoral  liaud  Olliee. 

Art  of  May  It.  Ic^-d.  Docisions  Cimi.  (i.  L.  ().,  Nov.  .'>,  1875  ('iCopp's 
L.  O.  VX\)\  July  18,  1877  ;  AuJ,^  IH,  1877  (4  id.  8.".);  Nov.  1,  1878  (5 
id.  147 ) :  March  3, 188(t. 

Contcstmit  of     Sk(\  i'8(!.   lu  all  fUses  where  anv  i)erson  has  contested, 
ftitr>- aiiowi-,!  TO p:u(l   the   laiul  olnee  lees,  and  jtroeured  the  eaneellation  of 
ofc"n*^nyio\V'to '^      tiniber-eulture  entry,  he  shall  be  uotilied  by  the  register 
mak.riitrv.        of  the  huid  olVice  of  the  district  in  which  such  land  is  sit- 
uated of  such  cancellation,  and  shall  be  allowed  thirty  days 
from    date   of  such  notice   to  enter   said   lauds;    and  the 
rojiister  shall  be  eutitled  to  a  lee  of  one  dollar  for  the  giving 
of  such  uotice,  to  be  paid  by  the  contestant,  and  not  to  be 
reported. 

Act  of  Mav  14.  1880.  Dccisious  Sec.  Int.,  Marcli  29,  1877  (:5  Copp'a 
L.  O.  -^1) ;  May  28,  1877  (:i  id.  54). 

NoTK. — The  followiiifi  acts  authoi  iziuj^  scttlei-s  upon  the  public  lands 
iiiuk-r  the  pre-emption,  homestead,  and  limber-culture  haws,  whose  crops 
were  ilestroyed  by  grasshoppers,  to  absent  themselves  temiiorarily  from 
their  lauds,  and  extending  the  time  for  making  final  i)roof,  have  been 
passed  from  time  to  time  bv  Congress,  viz:  18  Stat,  bl ;  19  id.  54,  55, 
59,  405;  20  id.  8H,  1G9;  act  of  June  4.  18-0. 


CHAPTER    TEN. 
TOWN  SITES  AND  COUNTY  SEATS. 


Sec. 

287.  Town  sites  to  be  reserved. 

288.  Reservations  to  be  surveyed  into  lots. 

289.  To-wu  or  city  sites  on  public  lands. 

290.  Wbcn  towns  establisbed  upon  unsur- 

veyed  lands,  extension  limits,  bow 
adjusted. 

201.  Wben  transcript  maps  of  town  arc 

not   tiled   in   twelve   moiitbs,  pro- 
ceedings by  Secretary  of  Interior. 

202.  Wbere  size  of  lots  or  town  plat  vary 

from  general  rule. 
20:?.  Title  to  lots  subject  to  mineral  rigbts. 
204.  Entry  of  town  authorities  in  trust  for 

occupants. 
20.".  Entry  under  preceding  section,  wben 

to  be  made. 
20G.  Entry   in   proi^ortion   to   number  of 

inbabifauts. 
297.  Authorities  of  Salt  Lake  City,  rigbts 

of,  as  to  eutrv. 


Sec. 

298.  Additional  entry  allowed  ivhero  town 

bas  entered  less  than  maximum. 

299.  Not  nioro  tbau  2,560  acres  to  be  re- 

served ibr  town  site. 

300.  Certain    entries    within    town   sites 

confirmed. 

301.  Where  town  site  exceeds  maximum, 

authorities  to  select  lauds  to  be 
retained,  or  Commissioner  may  take 
testmiony  and  restrict  limits.  Cop- 
ies of  acts  incorporating  towns, 
how  furnished. 

302.  Certain  acts  of  trustees  to  be  void. 

303.  Pre-emptions  by  counties  for  seats  of 

justice. 

304.  No  title  acquired  to  gold  mines,  &c., 

or  to  mining  claim,  «fec. 

305.  IMilitary  or  other  reservations,  tfec. 
30(i.  Inhal)itants  of  towns  on  public  lands, 

ri;j:ht  of,  to  enter. 


Sec.  287.  Tlie  Preaident  is  autLorized  to  reserYC  from  the    Town  sites  to 
public  lands,  whether  surveyed  or  uiisiirveyed,  town  sites  ^'''■^^*"^*^'^- 
on  the  shores  of  harbors,  at  the  jnnctiou  of  rivers,  important 
portages,  or  any  natural  or  pro.spective  centers  of  popnla- 
tion. 

12  Stat.  754 ;  19  id.  392 ;  R.  S.  2380. 

Sec.  288.  When,  in  the  opinion  of  the  President,  the  pub- ,  Eeservationsto 

,.      .     .  .  •        -x     -i     1      11  I       XI        1    X        i-   ii       iL'  \.  I'e  surveyed  into 

lie  interests  require  it,  it  shall  be  tliC  dnty  ot  the  feecretary  iota, 
of  the  Interior  to  cause  any  of  such  reservations,  or  part 
thereof,  to  be  surveyed  into  urban  or  suburban  lots  of  suit- 
able size,  and  to  fix  by  appraisement  ot  disinterested  per- 
s(uis  their  cash  value,  and  to  olfer  llic  same  for  sale  at  pub- 
lic outcry  to  the  highest  bid<ler,  and  tliem^e  af  erward  to  be 
held  subject  to  sale  at  private  entry,  nccording  to  such  reg- 
uliitions  as  the  Secretary  of  the  Interior  may  i)rescribc  ;  but 
no  lot  shall  be  disposed  of  at  public  sale  or  private  entry 
for  less  than  the  ap])raised  value  thereol";  and  all  such  sides 
.shall  be  conducted  by  the  register  and  receiver  of  the  land 
olfice  in  the  district  in  which  the  reservations  may  be  situ- 
ated, in  accordance  with  the  instructions  of  the  Commis- 
sioner of  the  General  Land  0(ii(;e. 

12  Stat.  754  ;  R.  S.  2381.     Decision  Sec.  Int.,  Aug.  28,  1880  (8  Wash. 
Eaw  Rep.  574). 

Sec.  289.  In  any  ca.se  in  which  parties  have  '^■li'eady  ^.^^own^  or^city 
founded,  or  may  hereafter  desire  to  found,  a  city  or  town  on  famiV     ^ 
the  i)ublic  lands,  it  may  be  lawful  for  them  to  (;aiise  to  be 
filed  with  the  recorder  ibr  the  county  in  which  the  same  is 
situated,  "  plat  thereof,  for  not  exceeding  six  hundred  and 

107 


108  Ttnv.N  sriKs  and  county  skats. 

fortv  acU's,  (Uvsciihini;  its  exterior  boiiiularic^s  aeeording  to 
the  lilies  of  llie  ])ul)lie  surveys,  wliere  sueli  surveys  liavo 
boon  oxooutojl ;  also  •iiviii.;;'  tlio  name  of  such  city  or  town, 
ami  oxhibitiiii,'  the  streets,  scpiaros,  blocks,  lots,  and  alleys, 
tlio  size  of  the  same,  with  moasuromeuts  and  area,  of  each 
municipal  subdivision,  the  lots  in  which  shall  ea(;h  not  ex- 
ceed four  thousand  two  hundred  square  feet,  with  a  state- 
ment of  the  extent  and  j^eneral  character  of  the  imiirovc- 
ments;  such  map  and  statement  to  be  verified  under  oath  by 
the  \y,\Tty  acting"  for  and  in  behalf  of  the  persons  proposing 
to  establish  snch  city  or  town  ;  and  within  one  month  after 
such  tiling  there  shall  be  transmitted  to  the  General  Land 
Ollice  a  verilied  transcriiit  of  snch  map  and  statement,  ac- 
companied by  the  testimony  of  two  witnesses  that  such  city 
or  town  has  been  established  in  pood  faith,  and  when  the 
premises  are  within  the  limits  of  an  organized  land  district, 
a  similar  map  and  statement  shall  be  tiled  with  the  register 
and  receiver,  and  at  any  time  after  the  filing  of  such  map, 
statement,  and  testimony  in  the  General  Land  Office  it  may 
be  lawful  for  the  I'resident  to  cause  the  lots  embraced  within 
the  limits  of  such  city  or  town  to  be  ottered  at  public  sale 
to  the  highest  l)idder,  subject  to  a  minimum  of  ten  dollars 
tor  each  lot;  and  such  lots  as  may  not  be  disposed  of  at 
]Hiblic  sale  shall  thereafter  be  liable  to  private  entry  at  such 
minimum,  or  at  such  reasonable  increase  or  diminution  there- 
after as  the  Secretary  of  the  Interior  may  order  from  time 
to  time,  after  at  least  three  months'  notice,  in  view  of  the 
increase  or  decrease  in  the  value  of  the  municipal  ])roperty. 
But  any  actual  settler  upon  any  one  lot,  as  above  provided, 
and  upon  any  additional  lot  in  which  he  may  have  substan- 
tial imjiroveineuts  shall  be  entitled  to  prove  up  and  pur- 
chase tiie  same  as  a  i)re-emption,  at  such  minimum,  at  any 
time  before  the  day  fixed  for  the  public  sale. 

13  Stat.  343 ;  E.  S.  23-2.  Towsley  v.  .Johnson,  1  Xob.  9.3 ;  Nevada 
r.  Rhodes,  4  Nev.  312  ;  Rohinson  v.  Imperial  Silver,  &c.,  b  id.  44; 
Bell  r.  The  Bed  Rock  Tunnel  Mining  Co.,  36  Cal.  214.  Decision 
Com.  G.  L.  0.,  April  4,  LSfiS  (Zab.  L.  L.  I'JG).  Cir.  G.  L.  0.,  Aw^. 
20,  18(54  (Zab.  L.  L.  179;  Copp's  L.  L.  661);  Oct.  20,  1865  (Copp's 
L.  L.  678). 

WTiftn towns  es-     Sec.  290.  When  such  cities  or  towns  are  established  upon 
ifn^'^a^r'^veyed^^^ui"^'*^y<-'^^  lauds,  it  may  bc  lawful,  after  the  extension 
lands,  extension  thcrcto  of  the  i)ublic  survcys,  to  adjust  the  extension  limits 
justed.    °^       of  the  premises  according  to  those  lines,  where  it  can  be 
done  without  interference  with  rights  which  may  be  vested 
by  sale;  and  jiatents  for  all  lots  so  disposed  of  at  public  or 
jmvate  sale  shall  issue  as  in  ordinary  cases. 
13  Stat.  344  ;  R.  S.  2:«3. 
WTien transcript     Sec.  291.  If  withiu  twclve  mouths  fi'om  the  establishment 
n^t^^ie.i^rweive  of  a  city  Or  towu  ou  the  public  domain,  the  parties  inter- 
s'a  b'v'sJ'cret*^'^-  ested  refuse  or  fail  to  file  in  the  General  Land  Office  a  tran- 
Sihe^i^'tcrior.'^  script  map,  with  the  statement  and  testimony  called  for 
by  the  jirovisions  of  section  two  hundred  and  eighty-nine, 
it  may  be  lawful  for  the  Secretary  of  the  Interior  to  cause 
a  survey  and  ])lat  to  be  made  of  such  city  or  town,  and 
thereafter  the  lots  in  the  saine  shall  be  disposed  of  as 
required  by  such  provisions,  with  this  exception,  that  they 


TOWN    SITES    AND    COUNTY    SEATS.  109 

shall  each  be  at  an  increase  of  fifty  per  centum  on  the  min- 
imum of  ten  dollars  per  lot. 

13  Stat.  344  ;  K.  S.  2384. 
Sec.  292.  In  the  case  of  any  city  or  t<)wn,  in  which  the    where  size  of 
lots  may  be  variant  as  to  size  from  the  limitation  fixed  in  viryfrom^aerai 
section   two  hundred  and   ei<4hty-nine,  and  in   which  theniie. 
lots  aud  buildings,  as  municipal  improvements,  cover  an 
area  greater  than  six  hundred  aud  forty  acres,  such  vari- 
ance as  to  size  of  lots  or  excess  in  area  shall  prove  no  bar 
to  such  city  or  town  claim  under  the  i)rovisions  of  that  sec- 
tion ;  but  the  minimum  price  of  each  lot  in  such  city  or  town, 
which  may  contain  a  greater  number  of  square  feet  than  the 
maximum  named  in  that  section,  sliall  be  increased  to  such 
reasonable  amount  as  the  Secretary  of  the  Interior  may  by 
rule  establish, 

13  Stat.  530;  E.  S.  23S.'>.  Cir.  G.  L.  O.,  April  2C,  18(55  (Zab.  L.  L. 
1--1;  Co])p'sL.  L.  6(J4);  Oct.  20,  1885  (Copp's  L.  L.  GT^). 

Sec.  293.  Where  mineral  veins  are  possessed,  which  pos-   Title  to  lots  snb- 
session  is  recognized  by  local  authority,  and  to  the  extent J,?^*^g*°  mineral 
so  possessed  and  recognized,  the  title  to  town  lots  to  be   ° 
acquired  shall  be  subject  to  such  recognized  possession  and 
the  necessaiy  use  thereof;  but  nothing  contained  in  this 
section  shall  be  so  construed  as  to  recognize  any  color  of 
title  in  possessors  for  mining  purposes  as  against  the  United 
States. 

13  Stat.  530;  E.  S.  2383.  Decision  Sec.  lut.,  March  4,  1879  (G  Copp's 
L.  O.  3).  Decisions  Com.  G.  L.  O.,  June  IG,  1874  (Copp's  L.L. 
mS);  Dec.  3,  1875  (2  Copp's  L  O.  150) ;  Oct.  27,  1876  (3  id.  114); 
Nov.  23,  187G  (3  id.  131) ;  April  'J,  1877  (4  id.  46). 

Sec  294.  Whenever  any  portion  of  the  public  lauds  have    Entry  of  towm 
been  or  may  be  settled  upon  and  occupied  as  a  town  site,  ^^^t^o^^^tJes  in 
not  subject  to  entry  under  the  agricultural  preemption  laws,  pants. 
it  is  lawful,  in  case  such  town  be  incorporated,  for  the  cor- 
porate authorities  thereof,  and,  if  not  incorporated,  for  the 
judge  of  the  county  court  for  the  county  in  which  such  town 
is  situated,  to  enter  at  the  jnoper  land  office,  and  at  the 
minimum  i)rice,  the  laud  so  settled  and  occupied  in  trust  for 
the  several  use  and  benefit  of  the  occupants  thereof,  accord- 
ing to  their  lespective  interests;  the  execution  of  which 
trust,  as  to  the  disposal  of  the  lots  in  such  town,  and  the 
proceeds  of  the  sales  thereof,  to  be  conducted  undtu-  such 
regulations  as  may  be  prescribed  by  the  legislative  author- 
ity of  the  State  or  Territory  in  wd)ich  the  same  nuiy  be 
situated. 

14  Stat.  541;  18  id.  254;  E.  S.  2:387.  Drodfro  v.  Forsyth,  2  Black, 
5G3;  IIiii«ey  v.  Smith,  9  Otto,  20;  Strin^fellow  r.  Cain,  did.  610; 
Cannon  v.  Pratt,  9  id.  C19.  Eoot  v.  Shields,  1  Woolw.  C.  C.  340; 
Chopnian  v.  School  Dist.  1,  1  Deady,  C.  C.  108.    Cuah  v.  Spalding, 


54b;  Coyi).  Coy,  15  id.  119;  Mankato  v.  Meaghsr.  17  id.  2G5 ; 
Tecumseh  Townsito  Loaso,  3  Neb.  267;  Burbank  v.  Ellis.  7  id.  156; 
Winiield  Town  Co.  v.  Moitis,  U  Kansas,  128;  ludepoudeut  Town 
Co.  V.  De  Long,  11  id.  152;  Sherry  v.  Sampson,  11  id.  GI 1 ;  McTag- 
gart  r.  Harrison,  12  id.  62;  Setter  v.  Avery,  Ih  id.  157;  Allen  r. 
Houston,  21  id.  194;  Treadway  r.  Wilder,  8  Nev.  91;  Leckcr  ». 


110  TOWN    SITES    AM)    COrNTY    SKATS. 

Cliiipiu.  IJ  id.  Cm;  Hiissey  v.  Smith,  1  lllali,  I'J'.l ;  Piiitt  v.  Yomij;, 
1  id.  Ml  ;  Echvanl.s  r.  Tiaocy,  'J  Mmiiuiia,  4'J  ;  Hall  r.  Aslibv,  \i  id. 
'1SS>;  Ct)lii-M  r.  McClt'llan,  1  Colo.  :?70  ;  Clayton  r.  SitcmcV.  -2  id. 
378;  Goor';i>to\vii  r.  (Jlazc,  :$  /(/.  "2:^;  TmUcr  r.  McCov,  ;J  i(/.  2ci4; 
A.laui.s  r.  IJriiikl.y,  4  /(/.  'JIT  ;  Doll  r.  Jlia<lor,  l(i  Cal.*2;>,;;  Kicks 
r.  l{i'<'il,  li)  id. :>:>].  Doiisioiis  Sec.  Int..  .lime  :!().  Isr.S  ( 1  Lester's 
L.  L.  4:5:));  .IiilvH.  IS.'S  (I  id.  -V.',',);  Sept.  S,  |S.-,<»  (1  id.  44:?);  April 
•J8,  1S74  (I  Copj.'s  L.  O.  4J);  Jiiiic  S,  187.')  {'2  id.  H.j);  .Juno  o,  lyTt!; 
(;?  u/.  r.O);  .Jnlv  "JC.  I87(i  (:?  id.  80);  April  17,  1877  (4  id.  4,5);  Aiuil 
:iO,  1878;  April  17,  lS71t.  Derisions  Com.  G.  E.  0.,Oet.  18,  18.58 
(1  Le.ster's  L.  E.  4::7) :  .Inne^'.t,  1874  (1  Copp's  L.  U.  ()8) ;  Jnlv  i:], 
1874  (I  id.  G8).     Cir.  G.  L.  O.,  Sept.  21,  18(18  (Copp's  L.  L.  ()78). 

tntiv  nn.ier  Sec.  2{)r).  Tlic  entry  of  the  land  provided  for  in  the  pre- 
uo'^.'^wben  ufbe^'^'^^i'ifi'  section  sliall  be  ina(h',  or  a  deehiratory  statement  of 
made.  tlie  i)ur])oso  of  tlie  inhal)itants  to  enter  it  as  a   town  site 

shall  be  liled  with  the  register  of  the  ])roper  land  oftiee, 
prior  to  the  eoninieneenient  of  th(^  ]»nblic  sale  of  the  body  of 
laud  in  whieh  it  is  inchided,  and  the  entry  or  declaratory 
statement  shall  include  only  such  land  as  is  actually  occu- 
pied by  the  town,  and  the  title  to  which  is  in  the  United 
States ;  but  in  any  Territory  in  which  a  laud  oftiee  may  not 
have  been  established,  such  declaratory  statements  may  be 
filed  with  the  surveyor-general  of  the  suiveyinji'  district  ia 
which  the  lands  are  situated;  who  shall  transmit  the  same 
to  the  Geueral  Land  Office. 

14  Stat.  541 ;  18  id.  -^.54  ;  R.  S.  2388.  Stark  r.  Starrs.  C  Wall.  402. 
Decisions  Sec.  Int..x\.nji-.  18, 1853(lLcster'sL.  L.  4:51');  June 2'J,  1858 
(1  )■(/.  4:!2);  June  ;]U,  185-)  (1  id.  435);  Juiv  '••.  18.58  (1  id.  435); 
Nov.  5,  18.58  (1  id.  441) ;  Nov.  5,  1858  (1  id.  142) :  April  13.  18.59  (1 
id.  442);  Sept.  27,  1872  (Copp's  L.  L.  373).  Decisions  Cora.  G. 
E.  O..  Dec.  7,  1872  (1  Copp's  L.  O.  1^;  March  21.  1874  (1  id.  7); 
Oct.  11,  1877  (4  id.  132) ;  Ang.  23,  1878.  Cir.  G.  L.  O.,  Sept.  21,  ■ 
18C8  (Copp's  L.  L.  (578). 

Entiy  in  pro-  Sec.  1*0.'».  If  upou  surveycd  lauds,  the  entry  shall  in  its 
()e"'o"  iiiiiabk-  exterior  limit  be  made  in  conformity  to  the  legal  sub- 
*^*^'»-  divisions  of  the  public  lands  authorized  by  law  ;  and  where 

the  inhabitants  are  iu  number  oue  huudred,  and  less  than 
two  hundred,  shall  embrace  not  exceeding  three  huudred 
and  twenty  acres;  and  in  cases  where  the  inhabitants  of 
such  town  are  more  than  two  hundred,  and  less  than  oue 
thousand,  shall  embrace  not  exceeding  six  hundred  and 
forty  acres ;  and  where  the  number  of  inhabitants  is  one 
thousand  and  over  one  thousand,  shall  embrace  not  exceed- 
ing twelve  hundred  and  eighty  acrt^s ;  but  for  each  addi- 
tional one  thousajul  inhabitants,  not  exceeding  five  thou- 
sand in  all,  a  further  grant  of  three  hundred  and  twenty 
acres  shall  be  allowed. 

14  Stat.  541 ;  18  id.  254  ;  19  id.  392  ;  R.  S.  2389.  Decisions  Sec.  Int., 
.July  8.  18V 1  (Copp's  L.  L.  683);  July  28,  1871  (id.  G85) ;  Au<r.  9, 
1871  (id.  G8G);  Jnue  5,  18/0  (3  Copp's  L.  O.  50);  March  19,  1879 
(G  id.  136).  Decision  Com.  G.  L.  O.,  Jnnc  29,  1874  (1  Copp's  L.  0. 
68).     Cir.  G.  L.  0.,  Sept,  21,  1833  (Copp's  L.  L.  G78). 

Autboritics  of  Sec.  297.  The  words  "  not  exceeding  five  thousand  iu  all," 
rights  of,  as  to  (^- in  thc  ])re(;eding  section,  shall  not  ai)ply  to  Salt  Lake  City, 
^-      '  in  the  Territory  of  Utah ;  but  such  section  shall  be  so  con- 

strued in  its  application  to  that  city  that  lauds  may  be  en- 
tered for  the  full  number  of  inhabitants  contained  therein, 
not  exceeding  fifteen  thousand ;  and  as  that  city  covers 
school-section  number  thirty-six,  in  townshij)  number  one 


TOWN    SITES    AND    COUNTY    SEATS.  Ill 

north,  of  rauge  number  one  west,  the  same  may  be  em- 
braced in  such  entry,  and  indemnity  shall  be  given  there- 
for when  a  grant  is  made  by  Congress  of  sections  sixteen 
and  thirty-six,  in  the  Territory  of  Utah,  for  school  purposes. 
16  Stat.  Irt3  ;  18  id.  254  ;  R.  S.  2390. 

Sec.  298.  It  shall  be  lawful  for  any  town  which  has  made,  ^  Additional  en- 
or  may  hereafter  make  entry  oi  less  than  the  maximum  whore  town  has 
quantity  of  land  named  in  section  two  hundred  and  ninety- ^^[^[^^1^^'*'^'^" 
six,  to  make  such  additional  entry,  or  entries,  of  contiguous 
tracts,  which  may  be  occu])ied  for  town  purposes  as  when 
added  to  the  entry  or  entries  there[to]fore  made  will  not 
exceed  twenty-live  hundred  and  sixty  acres :  Provided,  That 
such  additional  entry  shall  not  together  with  all  prior  en- 
tries be  in  excess  of  the  area  to  which  the  town  may  be 
entitled  at  date  of  the  additional  entiy  by  virtue  of  its 
l)opulation  as  prescribed  in  said  section. 
19  Stat.  392,  393. 

Sec.  299.  The   existence  or  incori)oratiou  of  any  town    Kot  more  tii,in 
upon  the  public  lands  of  the  United  States  shall  not  be  held  n-sfrvedfortovra 
to  exclude  from  i>re-emption  or  homestead  entry  a  greater  site. 
quantity  than  twenty-five  hundred  and  sixty  acres  of  land, 
or  the  maximum  area  which  may  be  entered  as  a  town  site 
under  existing  laws,  unless  the  entire  tract  claimed  or  in- 
corporated as  such  town  site  shall,  including  and  in  excess 
of  the  area  above  specified,  be  actually  settled  ujion,  inhab- 
ited, improved,  and  used  for  business  and  municipal  x>nr- 
I)o.ses. 

19  Stat.  392.     Decisions  Sec.  lut.,  Oct.  1,  1879  (6  Copp'.s  L.  0.  109); 
Oct.  8,  1>^79  (6  id.  110). 

Sec.  300.   Where  entries  have  been  heretofore  fallowed  ^.'^"|;|^'''^^^^^[^^'^ 
upon  lands  afterward  ascertained  to  have  been  embraced  coutiimed. 
in  the  corporate  limits  of  any  town,  but  which  entries  are  or 
shall  be  shown,  to  tlie  satisfaction  of  the  Commissioner  of 
the  General  Land  Office,  to  include  onlj-  vacant  unoccui)ied 
lands  of  the  United  States,  not  settled  upon  or  used  for 
municipal  purposes,  nor  devoted  to  any  i">ublic  use  of  such 
town,  said  entries,  if  regular  in  all  respects,  are  hereby  con- 
firmed and  may  be  carried  into  patent:  Provided,  That  this    T-ioviso. 
confirmation  shall  not  operate  to  restrict  the  entry  of  any 
town  site  to  a  smaller  area  than  the  maximum  quantity  of 
land  which,  by  rea.son  of  present  ])0])ulation,  it  may  be  en- 
titled to  enter  under  section  two  hundred  and  ninety-six. 

19  Stat.  392.     Decisions  Sec.  Int.,  Oct.  1,  1879  (G  Copp's  L.  O.  109) 
Oct.  8,  1879  (6  id.  110). 

Sec.  301.  Whenever  the  corporate  limits  of  any  town  upon    AVhoio  towu 
the  public  domain  are  shown  or  alleged  to  include  lands  in  h//,l,n%ahoritJrs 
excess  of  the  maximum  area  specified  in  section  two  hundred  i<>  Hii><t  lamis  t.> 
and  ninety-nine,  the  Commissioner  of  the  (iloneral  Land  Of- co,„\ui""Tou»r 
fice  Iua^■  r('(iuire  the  authorities  of  such  town,  and  it  shall  ™'^v  t^'^'^"  *''''*.'^V' 
be  lawful  lor  them,  to  elect  what  portion  ol  said  lands,  iniiiiii(.s. 
compact  form  and  embracing  flu;  actual  site  of  the  municipal 
occupation  and  imi)i()vement,  shall  be  withheld  from  pre- 
em])tion  ami  homestead  entry  ;  and  thercaiter  the  residue  of 
such  lands  shall  be  open  to  disjxisal  under  the  homestead 


112  TOWN    SITKS    AND    COUNT V    SKA'l'S. 

and  pre-einption  laws.     Upon  delault  of  said  (own  <autliori- 
ties  to  make  such  soloction  witliin  sixty  days  after  notifica- 
tion by  tlu'  Coinniissioiicr,  lie  may  direct  testimony  respect- 
ing the  actual  location  and  I'xtent  of  said  im])rovcments,  to 
be  taki'n  by  the  register  and  receixer  of  the  district  in  which 
such  town  may  be  situated;  and,  ui)OU  receipt  of  the  same, 
he  may  (U'termini'  and  set  olf  the  proi)er  site  accordinj;-  to 
section  two  hundrt'd  and  ninety-nine,  and  declare  the  remain- 
ing;'lands  open  to  setilement  and  entry  under  the  homestead 
and  pre-emption  laws;  and  it  shallbctheduty  of  the  secretary 
of  each  of  the  Territories  of  the  United  tStates  to  furnish 
Copies  of  acts  the  surveyor- ^neneral  of  the  Territory  for  the  use  of  the  United 
to^I^^uJ^^  fui-  States  a  copy  duly  certilied  of  every  act  of  the  legislature 
niflhed.  of  the  Territory  incori)orating-  any  city  or  town,  the  same  to 

be  Ibrwarded  by  such  secretary  to  the  surveyor-general  with- 
in one  mouth  1  rom  date  of  its  approval. 

19  Stat.  3t>2.  Decisions  Sec.  Int.,  Oct.  1,  1879  (G  Copp's  L.  O.  109) ; 
Oct.  8,  1879  (G  id.  110). 

tr^Ttf?8*to^be     ^^^'  ^^^--  ^^"-^'  '^^^  of  the  trustees  not  made  in  conformity 
void.  to  the  regulations  alluded  to  in  section  two  hundred  and 

ninety-four  shall  be  void. 

14  Stat.  541;  18  «/.  254  ;  R.  S.  2391.  Cutlicart  v.  Kortuni,  11  Minn. 
45;  Setter  r.  Avery,  15  Jvan«a.s,  157;  Treaclway  r.  Wilder,  8  Nev. 
91;  Treathvay  r.  Wilder,  9  id.  G7 ;  Edwards  v.  Tracy,  2  Montana, 
49 ;  Hall  v.  Ashby,  2  id.  489. 

b/''c^t?e8°f°r  Sec.  :;03.  There  shall  be  granted  to  the  several  counties 
Beats  of  justice,  or  parishes  of  each  State  and  Territory,  where  there  are 
public  lauds,  at  the  minimum  price  for  which  jjublic  lauds 
of  the  United  States  are  sold,  the  right  of  pre-emption  to  one 
quarter-section  of  laud,  in  each  of  the  counties  or  parishes, 
in  trust  for  such  counties  or  parishes,  respectively,  for  the 
establishment  of  seats  of  justice  thereiu ;  but  the  proceeds  of 
the  sale  of  each  of  such  quarter-sections  shall  be  appropriated 
for  the  ]>urpose  of  erecting  public  buildings  in  the  county 
or  parish  for  which  it  is  located,  after  deducting  therefrom 
the  amount  originally  paid  ibr  the  same.  And  the  seat  of 
justice  for  such  counties  or  parishes,  respectively,  shall  be 
fixed  previously"  to  a  sale  of  the  adjoining  lands  within  the 
county  or  parish  for  which  the  same  is  located. 

4  Stat.  50;  R.  S.  228(5.     Wliitelaw  v.  Reese,  4  Oreg.  iVdo. 

No  title  ao-     Qec.  304.  No  title  shall  be  acquked,  under  the  foregoing 

quired  to  gold  ..  r..i-i         .         .  ■  x?       ^  ^      ■,  ■ 

Mines,  &c.,  or  to  piovisious  ot  this  chapter,  to  an\"  mine  ot  gold,  silver,  cinna- 
mmmgciaim,  &c.  ^r^p^  ^j.  copper ;  or  to  any  valid  mining  claim  or  possession 
held  under  existing  laws. 

14  Stat.  541 ;  15  id.  67 ;  18  id.  254 ;  R.  S.  2393.  Decision  Sec.  Int., 
March  4,  1879  (G  Copp's  L.  O.  3).  Decisions  Coixl  G.  L.  O.,  April 
21,  1874  (1  Copp's  L.  O.  19):  Juuo  IG,  1874  (Copp's  L.  L.  G98) ; 
D(^.  23,  1875  (2  Copp's  L.  O.  150) ;  Oct.  27,  187G  (3  id.  114) ;  Nov. 
23.  1876  (3  id.  131)  ;  April  9,  1877  (4  id.  46). 

Military  or  othes  Sec.  305.  The  provisious  of  this  chapter  shall  not  apply 
reservations,  &c  ^^  military  or  other  reservations  heretofore  made  by  the 
United  States,  nor  to  reservations  for  light-houses,  custom- 
houses, mints,  or  such  other  public  purposes  as  the  interests 
of  the  United  States  may  require,  whether  held  under  reser- 
vations through  the  Land  Office  by  title  derived  from  the 
Crown  of  Spain,  or  otherwise. 

14  Stat.  541 ;  19  id.  264 ;  R.  S.  2393. 


TOWN  SITES   AND    COUNTY   SEATS.  113 

Seo,  306.  The  inhabitants  of  any  town  located  on  the  pub-  to^^s'^o'^pubUc 
lie  lands  may  avail  themselves,  if  the  town  authorities  choose  lands,  right  of;  to 
to  do  so,  of  the  provisions  of  sections  two  hundred  and  ninety-  ®''**^'^- 
four,  two  hundred  and  ninety-five,  and  two  hundred  and 
ninety- six  5  and,  in  addition  to  the  minimum  i^rice  of  the 
lands  embracing  any  town  site  so  entered,  there  shall  be 
paid  by  the  parties  availing  themselves  of  such  provisions 
all  costs  of  surveying  and  platting  any  such  town  site,  and 
expenses  incident  thereto  incurred  by  the  United  States, 
before  any  patent  issues  therefor;  but  nothing  contained  in 
the  sections  herein  cited  shall  prevent  the  issuance  of  patents 
to  persons  who  have  made  or  may  hereafter  make  entries, 
and  elect  to  proceed  under  other  laws  relative  to  town  sites 
in  this  chapter  set  forth. 

15  Stat.  67  ;  18  id.  254 ;  E.  S.  2394. 

8lo 


CHAPTER    ELEVEN. 


BOUNTY-LAND  WARRANTS  AND  SCRIP. 


Sec. 

307.  Bountv  lauds  far  soldieis  ta  certain 


308. 


309. 

310. 

311. 

312. 
313. 
314. 
315. 
316. 


317. 

318. 
319. 
320. 
321. 

322, 


323. 
324. 


325. 
326. 
327. 

325. 

329. 
330. 

331. 


wars. 
Certain  classes  of  persons  in  the  Mexi- 
can  war,  their   widows,   &c.,  en- 

titloil  to  forty  acres. 
'Militia  and  volunteers  in  eervlco  since 

1312. 
Persons  not  entitled  under  preceding 

sections. 
Period  of  captivity  added  to  actaal 

service. 
^Var^ant  and  patent  to  issne,  when. 
Widows  of  persons  entitled. 
Additional  bounty  lands,  «&o. 
Classes  under  last  section  specified. 
\rhat    classes    of    persons    entitled 

under  section  314,  without  regard 

to  length  of  service. 
Widows  and  children  of  personfl  oa- 

titled  under  section  314. 
Subsecineut  marriage  of  widow. 
Jlinons  under  section  317. 
Proof  of  service. 
Former  evidence  of  right  to  bounty 

land  to  be  received  in  certain  cases. 
Allowance  of  time  of  service  for  dis- 
tance from  home  to  place  of  muster 

or  discharge. 
Indians  included. 
•Kormer  evidence  of  right  to  a  pension 

to  be  received  in  certain  cases  on 

application  for  bounty  land. 
Deserteis  not  entitled  to  bounty  land. 
Ix)st  warrants,  provisions  for. 
Discharges ;   omissions  aiid   loss   of, 

provided  for. 
New  warrant  issued  in  lien  of  lost 

warrant. 
Regulations  of  Secretary  of  Interior. 
iViath  of  claimant  after  establishing 

right,  and  before  issuing  of  warant. 
When  proofs  may  be  filed  by  legal 

representativeSi 


Soo. 

332.  Military'   bounty-land  warrants  and 

locations  assignable. 

333.  Warrants  located  on  double-minimnm 

lauds,  excess  paid  in  cash. 

334.  Claims  for  bounty  lands  in  virtue  of 

certain  acts  named. 

335.  Same  subject. 

336.  Sales,  mortgages,  letters  of  attorney, 

&c.,  made  before  issue  of  warrant, 
to  be  void. 

337.  Warrants  to  be  located  free  of  expense 

by  Commissioner  of  Land  Office, 
&c. 
339.  Mode  of  issuing  patents  to  the  heirs 
of  persons  entitled  to  bouuty  lands. 

339,  Eelocation  of  military  bouuty-land 

warrants  in  cases  of  error. 

340.  Authorizing  the  issuance  of   Sioux 

half-breeti  scrip. 
34L  Certificates  of  location  or  scrip  to  issue 
in  satisfaction  of  confii-med  private 
land  claims  which  cannot  be  lo- 
cated. 

342.  Issuance  and  location  of  judicial  scrip 

in  lieu  of  confirmed  private  laud 
claims. 

343.  Patent  to  issue  on  scrip  locations. 

344.  Porterfield  scrip,  how  located. 

345.  Valentine  scrip,  how  located. 

346.  Coles  scrip,  how  issued  and  located. 

347.  Chippewa  laalf-breed  scrip.  Red  Lake 

and  Pembina  bands. 

348.  Chippewa  half-breed  scrip,  Lake  Su- 

perior bands. 
349i.  Certain  lands  located  in  good  faith 
by  claims  arising  under  treaty  of 
Sept.  30,  1854,  may  be  puxchawed, 

^  &0. 

850i  Scrip  to  be  issued  in  lieu  of  revolu- 
tionary bounty-land  warrants. 

35L  Scrip  to  be  issued  in  lieu  of  Virginia 
bounty-land  warrants. 


lands     Sec  307.  Each  of  the  survlviiiff,  or  the  widow  or  minor 


Bounty 

SL'^wa'r'""'"  children  of  deceased  commissione 


and  non-commissioned 
officers,  musicians,  or  privates,  whether  of  regulars,  volun- 
teers, rangers,  or  militia^  who  performed  military  service  in 
any  regiment,  company,  or  detachment,  in  the  service  of  the 
United  States,  in  the  war  with  Great  Britain,  declared  on 
the  eighteenth  day  of  June,  eighteen  hundred  and  twelve, 
or  in  any  of  the  Indian  wars  since  seventeen  hundred  and 
ninety,  and  prior  to  the  third  of  ]\Iarch,  eighteen  hundred 
and  fifty,  and  each  of  the  commissioned  officers  who  was 

114 


BOCTN-TY-LAND    WAEEANTS    AND    SCRIP.  115 

engaged  in  the  military  service  of  the  Uiited  States  in  the 
war  Avith  Mexico,  shall  be  entitled  to  lands  as  follows: 
Those  who  engaged  to  serve  twelve  months  or  during  the 
war,  and  actually  served  nine  months,  shall  receive  one 
hundred  and  sixty  acres,  and  those  who  engaged  to  serve 
six  months,  and  actually  served  four  months,  shall  receive 
eighty  acres,  and  those  who  engaged  to  serve  for  any  or  an 
indefinite  period,  and  actually  served  one  month,  shall  re- 
c-eive  forty  acres ;  but  wherever  any  officer  or  soldier  was 
honorably  discharged  in  consequence  of  disability  contracted 
in  the  service,  before  the  expiration  of  his  period  of  service, 
he  shall  receive  the  amount  to  which  he  would  have  been 
entitled  if  he  had  served  the  full  period  for  which  he  had 
engaged  to  serve.  All  the  persons  enumerated  in  this  sec- 
tion who  enlisted  in  the  Eegular  Army,  or  were  mustered 
in  any  volunteer  company  for  a  period  of  not  less  than 
twelve  months,  and  who  served  in  the  war  with  Mexico  and 
received  an  honorable  discharge,  or  who  were  killed  or  died 
of  wounds  received  or  sickness  incurred  in  the  course  of 
such  service,  or  were  discharged  before  the  exj)iration  of 
the  term  of  service  in  consequence  of  wounds  received  or 
sickness  incurred  in  the  coiu'se  of  such  ser\ice,  shall  be 
entitled  to  receive  a  certificate  or  warrant  for  one  hundred 
and  sixty  acres  of  land :  or  at  option  Treasury  scrip  for  one 
hundred  dollars  bearing  interest  at  six  per  cent,  per  an- 
num, payable  semi- annually,  at  the  pleasure  of  the  Govern- 
ment. In  the  event  of  the  death  of  any  one  of  the  persons 
mentioned  in  this  section  during  service,  or  after  his  dis- 
charge, and  before  the  issuing  of  a  certificate  or  warrant, 
the  warrant  or  scrip  shall  be  issued  in  favor  of  his  family  or 
relatives :  first,  to  the  widow  and  his  children ;  second,  his 
father ;  third,  his  mother ;  fourth,  his  brothers  and  sisters. 

9  Stat.  125, 126, 520 ;  R.  S.  2418.  2  Op.  Att.  Gkjn.  501, 506 ;  3  id.  382 ; 
5  id.  387,  e09,  702 ;  9  id.  427.  People  v.  Auditor,  9  Mich.  134 ; 
Matthews  v.  Rector,  24  Ohio  St.  439.  Cir.  G.  L.  O.,  June  3,  1847 
(1  Lester's  L.  L.  576) ;  Oct.  1,  1847  (1  id.  578);  April  1,  1848  (1  id. 
579) ;  Aug.  28, 1848  (1  id.  580) ;  March  31, 1851  (1  iU  581) ;  March  31, 
1851  {lid.  583) ;  April 4,  1851  (1  id.  584).     Cir.  Com.  Pensioue,  1879. 

Sec.  308.  The  persons  enumerated  in  the  preceding  seo    certain  classes 
fion  received  into  service  after  the  commencement  of  the  ^^P^^^^°'*4"a'^r* 
war  with  Mexico,  for  Jess  than  twelve  months,  and  whotbcii-  widows' 
served  such  term,  or  were  honorably  dischargee!,  are  enti-  ^j^'y  acres.^'^  ^'^ 
tied  to  receive  a  certificate  or  warrant  for  forty  acres,  or 
scrij)  for  twenty-five  dollars  if  i)referred,  and  in  the  event 
of  the  death  of  such  person  during  sersdce,  or  after  honor- 
able discharge  before  the  eleventh  of  February,  eighteen 
hundred  and  forty-seven,  the  warrant  or  scrip  shall  issue  to 
the  wife,  child,  or  children,  if  there  be  any,  and  if  none,  to 
the  father,  and  if  no  father,  to  the  mother  of  such  soldier. 
9  Stat.  126;  R.  S.  2419.     2  Op.  Att,  Gen.  501.     Cir.  G.  L.  O.,  Juno 

3, 1847  (1  Lester'H  L.  L,  57(>)  ;  March  31, 1851  (1  mZ.  581>    Cix.<iom. 

Pensions,  1879. 

Sec.  309.  Where  the  militia,  or  volunteers,  or  State  troops    Militia  and  voi- 
of  any  State  or  TeiTitory,  subsequent  to  the  eighteenth  dav.^'P^^^^^^^^c"^'^® 
of  June,  eighteen  hundred  and  twelve,  and  prior  to  March  ^'"*^ 
twenty  second,  eighteen  hundred  and  fifty-two,  were  calletl 
into  service,  the  officers  and  soldiers  thereof  shall  be  entitled 


116  l?OrNTY-LAND    WARRANTS    AND    SCRIP. 

to  all  tlio  benefits  of  section  three  Imndrctl  and  seven  upon 
proof  of  length  of  service  as  therein  required. 
10  Stat.  4  ;  R.  S.  2-V20.     2  Op.  Att.  Gcii.  501. 

rersonanoten-     Sec.  310.  No  pcrsoii  sluiU  taUc  any  benefit  under  the  ino- 

c^si^^^Sonl'^^  visions  of  the  three  preceding:  sections,  if  he  has  received,  or 

is  entitled  to  receive,  any  military'  land  bounty  under  any 

act  oi  Conjj^ress  i)asscd  prior  to  the  twenty-second  March, 

eighteen  hundred  and  fifty-two. 

9  Stat.  5-20;  R.  S.  2421.  Decisions  Sec.  Int.,  April  12,  1855  (1  Les- 
ter's L.  L.  (J14). 

Periwi  of  cap-  Sec.  311.  The  pcriod  during  which  any  officer  or  soldier 
Bcm.\iselT4ce.^*  remained  in  captivity  with  the  enemy  shall  be  estimated 
an<l  added  to  the  period  of  his  actual  service,  and  the  per- 
son so  retained  in  captivity  shall  receive  land  under  the 
provisions  of  sections  three  hundred  and  seven  and  three 
hundred  and  nine,  in  the  same  manner  that  he  would  be 
entitled  in  case  he  had  entered  the  service  for  the  whole 
term  made  up  by  the  addition  of  the  time  of  his  capti\ity, 
and  had  served  during  such  term. 

9  Stat.  520 ;  R.  S.  2422. 

w?rrant  and  Sec.  312.  Every  i^ersou  for  whom  provision  is  made  by 
^^hen.^  ^  ^^"*''  sections  three  hundred  and  seven  and  three  hundred  and  nine 
shall  receive  a  warrant  from  the  Department  of  the  Interior 
for  the  quantity  of  land  to  which  he  is  entitled ;  and,  upon 
the  return  of  such  warrant,  with  evidence  of  the  location 
thereof  having  been  legally  made  to  the  General  Land 
Office,  a  patent  shall  be  issued  therefor. 

9  Stat.  520;  R.  S.2423.  Wirth  v.  Branson,  8  Otto,  118.  2  Op.  Att. 
Gen.  501 ;  5  id.  387,  G57,  702.  Galup  v.  Armstrong,  22  Cal.  480; 
Callaway  v.  Fash,  50  Mo.  420 ;  Fislier  v.  Wisner,  34  Iowa,  447 ; 
Railway  Co.  r.  Clingman,  43  id.  306;  Scott  v.  Chickasaw  Co.,  46 
id.  253;'Calder  v.  Keegan,  30  Wis.  126;  Ausley  v.  Petenon,  30  id. 
653;  Merrill  i:  HartweU,  11  Mich.  200;  Johnson  v.  Gilfillan,  8 
Minn.  395;  Brill  v.  Styles,  [^  Ills.  305.  Cir.  G.  L.  O.,  March  31, 
1851  (1  Lester's  L.  L.  581).    Cir.  Com.  Pensions,  1879. 

•Widows  of  per-  Sec.  313.  In  the  event  of  the  death  of  any  person,  for 
eons  entiUed.  -^yiiom  provisioii  is  made  by  sections  three  hundred  and 
seven  and  three  hundred  and  nine,  and  who  "did  not  receive 
bounty  land  for  his  services,  a  like  warrant  shall  issue  in 
favor  of  his  widow,  who  shall  be  entitled  to  one  hundred 
and  sixty  acres  of  land  in  case  her  husband  was  killed  in 
battle ;  nor  shall  a  subsequent  marriage  impair  the  right  of 
any  widow  to  such  warrant,  if  she  be  a  widow  at  the  time 
of  making  her  application. 

9  Stat.  520 ;  R.  S.  2424.    2  Op.  Att.  Gen.  501, 506. 

Additional  Sec.  314.  Each  of  the  surviving  persons  specified  in  the 
°"^^  ^  '  '  ■  classes  enumerated  in  the  following  section,  who  has  served 
for  a  period  of  not  less  than  fourteen  days,  in  any  of  the 
wars  in  which  the  United  States  have  been  engaged  since 
the  year  seventeen  hundred  and  ninety,  and  i)rior  to  the 
third  day  of  March,  eighteen  hundred  and  fifty-five,  shall 
be  entitled  to  receive  a  warrant  from  the  Department  of  the 
Interior,  for  one  hundred  and  sixty  acres  of  land ;  and,  where 
any  person  so  entitled  has,  prior  to  the  third  day  of  March, 
eighteen  hundred  and  fifty-five,  received  a  warrant  for  any 


BOUNTY-LAND    WARRANTS   AND    SCRIP.  117 

number  of  acres  less  than  one  hundred  and  sixty,  he  shall 
be  allowed  a  warrant  for  such  quantity  of  land  only  as  will 
make,  in  the  whole,  with  what  he  may  have  received  prior 
to  that  date,  one  liundred  and  sixty  acres. 

10  Stat.  701, 702 ;  R.  S.  2425.  2  Op.  Att.  Geu.  501 ;  5  id.  387,  609.  702. 
Decisions  Com.  G.  L.  O.,  May  3,  1855  (1  Lester's  L.  L.  598).  Cir. 
G<  L.  O.,  Jiflv  20,  1875  (Copp's  L.  L.  727);  March  15,  1879  (6 
Copp's  L.  0. 192).  General  Cir.  G.  L.  O.,  1879,  pp.  6, 7.  Cir.  Com. 
Peusions,  1879. 

Sec.  315.  The  classes  of  persons  embraced  as  benefl-  ciaaaes  nrder 
ciaries  under  the  preceding  section,  are  as  follows,  namely :  i^f^  onspeci- 

First.  Commissioned  and  non-commissioned  officers,  mu- 
sicians, and  privates,  whether  of  the  regulars,  volunteers, 
rangers,  or  militia,  who  were  regularly  mustered  into  the 
service  of  the  United  States. 

Second.  Commissioned  and  non-commissioned  officers, 
seamen,  ordinary  seamen,  flotUla-men,  marines,  clerks,  and 
landsmen  in  the  Navy. 

Third.  Militia,  volunteers,  and  State  troops  of  any  State 
or  Territory,  called  into  military  service,  and  regularly  mus- 
tered therein,  and  whose  services  ha\e  been  paid  by  the 
United  States. 

Fourth.  Wagon-masters  and  teamsters  who  have  been 
employed  under  the  direction  of  competent  authority,  in  time 
of  war,  in  the  transportation  of  military  stores  and  supjDlies. 

Fifth.  Officers  and  soldiers  of  the  revolutionary  war, 
and  marines,  seamen,  and  other  persons  in  the  naval  service 
of  the  United  States  during  that  war. 

Sixth.  Chaplains  who  served  with  the  Army. 

Seventh.  YoluLteers  who  served  with  the  armed  forces  of 
the  United  States  in  any  of  the  wars  mentioned,  subject  to 
military  orders,  whether  regularly  mustered  into  the  service 
of  the  United  States  or  not. 

10  Stat.  701 ;  11  id.  8,  9  ;  R.  S.  2426.     2  Op.  Att.  Gen.  501. 

Sec.  316.  The  following  class  of  persons  are  included  as  "wiiat  classes 
beneliciaries  under  section  three  hundred  and  fourteen,  with-  titled  und°r^slc^ 
out  regard  to  the  length  of  service  rendered :  re-Md^*  o^ienTh 

Fkst.  Any  of  the  classes  of  persons  mentioned  in  section  of"8eivice.  ^^^ 
three  hundred  and  fifteen  who  have  been  actually  engaged 
in  any  battle  in  any  of  the  wars  in  which  this  country  has 
been  engaged   since   seventeen   hundred  and  ninety,  and 
prior  to  March  third,  eighteen  hundred  and  fifty-five. 

Second.  Those  volunteers  who  served  at  the  invasion  of 
Plattsburgh  in  September,  eighteen  liundred  and  fourteen. 

Third.  The  volunteers  who  served  at  the  battle  of  King's 
Mountain,  in  the  Eevolutionary  war. 

Fourth.  The  volunteers  who  served  in  the  battle  of 
Nickojack  against  the  confederate  savages  of  the  South. 

Fifth.  The  volunteers  who  served  at  the  attack  on  Lewis- 
town,  in  Delaware,  by  the  British  fleet,  in  the  war  of  eight- 
een hundred  and  twelve. 

10  Stat.  702 ;  R.  S.  2427.     2  Op.  Att.  Gen.  501, 

Sec.  317.  In  the  event  of  the  death  of  any  person  who  widows  and 
would  be  entitled  to  a  warrant,  as  provided  in  section  three  gons'^entitili^ 
hundred  and  fourteen,  leaving  a  widow,  or,  if  no  widow,  a  d«r  motion  ji*!"* 


118  BOUNTY-LAXD    WARRANTS   AND    SCRIP. 

iniiun-  I'liilcl,  such  Avidow  or  such  minor  child  shall  receive  a 
warrant  for  Iho  same  (juantity  of  land  that  the  decedent 
woulil  be  entitled  to  receive,  if  livings  on  tlie  tliird  day  of 
M;u'ch,  eiy,hteA^n  hundred  and  fifty-five. 

10  Stut.  70-2 ;  R.  S.  242S.    2  Op.  Att.  Gen.  501,  506. 

Subsoquout     Sec.  318.  A  sul)sequent  marriage  shall  not  impair  the 
nwm.x^<  oi  will  j.jojj(  ^y^'  ,jjjy  ^yidow,  uuder  the  preceding  section,  if  she  be 
a  widow  at  the  time  of  her  api)licatiou. 

10  Stat.  702 ;  R.  S.  24-29. 

Minora _  under     Sec.  319.  Pcrsous  withiu  the  age  of  twenty-one  years  on 
se^aonai..         ^j^,  third  day  of  IVIarch,  eighteen  hundred  and  tifty-fiive, 
shall  be  considered  minors  within  the  intent  of  section  three 
hundred  and  seventeen. 
10  Stat.  702 ;  R.  S.  2430. 

Proofafservice.  Sec.  320.  Wliere  DO  lecord  evidence  of  the  service  for 
which  a  warrant  is  claimed  exists,  parol  evidence  may  be 
admitted  to  i)rove  the  service  performed,  under  such  regu- 
lations as  the  Commissioner  of  Pensions  may  i)rescribe. 

10  Stat.  702;  11  ul.  8;  R.  S.2431. 

Formet  e^-  Sec.  321.  Where  certificate  or  a  warrant  for  bounty  land 
Lountv  laalw  bo  for  any  less  quantity  than  one  hundred  and  sixtj-  acres 
to^'c^"*  '^^^'tu.is  been  issued  to  any  officer  or  soldier,  or  to  the  widow  or 
minor  child  of  any  officer  or  soldier,  the  evidence  upon 
which  such  certificate  or  warrant  was  issued  shall  be  re- 
ceived to  establish  the  service  of  such  officer  or  soldier  in 
the  application  of  liimself,  or  of  his  widow  or  minor  child, 
for  a  warrant  for  so  much  land  as  may  be  required  to  make 
up  the  full  sum  of  one  hundred  and  sixty  acres,  to  which 
he  may  be  entitled  under  the  preceding  section,  on  proof  of 
the  identity  of  such  officer  or  soldier,  or,  in  case  of  his  death, 
of  the  marriage  and  identity  of  his  widow,  or,  in  case  of  her 
death,  of  the  identity  of  his  minor  child.  But  if,  upon  a 
review  of  such  evidence,  the  Commissioner  of  Pensions  is 
not  satisfied  that  the  former  warrant  was  properly  granted, 
he  may  require  additional  evidence,  .as  well  of  the  term  as 
of  the  fact  of  ser\ice. 

11  Stat.  8;  R.  S.  2432.    2  Op.  Att.  Gen.  501. 

AUowance  of  Sec.  322.  When  any  company,  battalion,  or  regiment,  in 
duVf n^^ fi^m  ^°  organized  form,  marched  more  than  twenty  miles  to  the 
hume  to  place  of  placc  whcrc  they  were  mustered  into  the  service  of  the 
Smge.  °^  '^'^'  tJnited  States,  or  were  discharged  more  than  twenty  miles 
from  the  place  where  such  company,  battalion,  or  regiment 
was  organized,  in  aU  such  cases,  in  computing  the  length 
of  service  of  the  officers  and  soldiers  of  any  such  company, 
battalion,  or  regiment,  there  shall  be  allowed  one  day  for 
every  twenty  miles  from  the  place  where  the  company, 
battalion,  or  regiment  was  organized  to  the  place  where  the 
same  was  mustered  into  the  service  of  the  United  States, 
and  one  day  for  every  twenty  miles  from  the  iilace  where 
such  comi)any,  battalion,' or  regiment  was  discharged,  to  the 
place  where  it  was  organized,  and  from  whence  it  marched 
to  enter  the  service,  provided  that  such  march  was  in 
obedience  to  the  command  or  direction  of  the  President,  or 


BOUNTY-LAND    WAEEANTS    AND    SCRIP.  ^     119 

some  general  officer  of  the  United  States,  commanding  an 
army  or  department,  or  the  chief  executive  officer  of  the 
State  or  Territory  by  which  such  company,  battalion,  or 
regiment  was  called  into  service. 

10  Stat.  4;  11  trf.  9;  R.  S.  2433. 

Sec.  323.  The  provisions  of  all  the  bounty-land  laws  shaU^j^^i^iis  in- 
be  extended  to  Indians,  in  the  same  manner  and  to  the 
same  extent  as  to  white  persons. 

ID  Stat.  702;  R.  S.  2434  2  Op.  Att.  Gen.  501;  3  id.  382.  Cir.  G. 
L.  O.,  May  3,  1855  (1  Lester's  L.  L.  598).  Cir.  Com.  Pensions, 
1879. 

Sec.  324.  Where  a  pension  has  been  granted  to  any  officer   Former  ev«. 
or  soldier,   the  evidence  upon  which  such  pension  was  f ^ena^o^  to*be 
granted  shall  be  received  to  establish  the  service  of  such  [^S^'^a'la  ra*^^"^' 
officer  or  soldier  in  his  application  for  bounty  land;  andp^^c^auon^f^r 
upon  proof  of  his  identity  as  such  pensioner,  a  warrant  may  bounty  land. 
be  issued  to  him  for  the  quantity  of  land  to  which  he  is 
entitled ;  and  in  case  of  the  death  of  such  pensioned  officer 
or  soldier,  his  widow  shaU  be  entitled  to  a  warrant  for  the 
same  quantity  of  land  to  which  her  husband  would  have 
l>een  entitled,  if  living,  upon  proof  that  she  is  such  widow ; 
and  in  case  of  the  death  of  such  officer  or  soldier,  leaving  a 
minor  child  and  no  widow,  or  where  the  widow  may  have 
deceased  before  the  issuing  of  any  warrant,  such  minor 
child  shall  be  entitled  to  a  warrant  for  the  same  quantity 
of  land  as  the  father  would  have  been  entitled  to  receive  if 
li^dng,  upon  proof  of  the  decease  of  father  and  mother. 
But  if,  upon  a  re\'iew  of  such  evidence,  the  Commissioner  of 
Pensions  is  not  satisfied  that  the  x>ension  was  properly 
granted,  he  may  require  additional  evidence,  as  well  of  the 
term  as  of  the  fact  of  service. 

11  Stat.  8 ;  R.  S.  2435. 

Sec.  325.  No  person  who  has  been  in  the  military  service  en^f^^t!oU)uSfr7 
of  the  United  States  shall,  in  any  case,  receive  a  bounty-  ^L 
land  warrant  if  it  appears  by  the  muster  rolls  of  his  regi- 
ment or  corps  that  he  deserted  or  was  dishonorably  dis- 
charged from  servica 

9  Stat.  520 ;  10  id.  701 ;  R.  S.  243a     Cir.  Goul  Pensions,  1879. 

Sec.  32G.  When  a  soldier  of  the  Eegular  Army,  who  has  ^^^^^^^ 
obtained  a  military  land- warrant,  loses  the  same,  or  such 
warrant  is  destroyed  by  accident,  ho  shall,  upon  proof  thereof 
to  the  satisfaction  of  the  Secretary  of  the  Interior,  be  entitled 
to  a  patent  in  like  manner  as  if  the  warrant  was  produced. 

3  Stat.  317 ;  R.  S.  2439.     2  Op.  Att.  Gen.  506 ;  3  id.  382. 

Sec.  327.  In  aU  cases  of  discharge  from  the  military  serv-    BiscLarges: 
ice  of  the  United  States  of  any  soldier  of  the  Eegular  Army,  Hl'o^  provided 
when  it  appears  to  the  satisfaction  of  the  Secretary  of  War  for. 
that  a  certificate  of  faithful  services  has  been  omitted  by  the 
neglect  of  the  discharging  officer,  by  misconstruction  of  the 
law,  or  by  any  other  neglect  or  casualty,  such  omission  shall 
not  prevent  the  issuing  of  the  warrant  and  patent  as  in  other 
cases.    And  when  it  is  proved  that  any  soldier  of  the  Reg- 
ular Army  has  lost  his  discharge  and  certificate  of  faithful 
service,  the  Secretary  of  War  shall. cause  such  pajiers  to  be 


120  BOI^'TY-LAND    WARRANTS   AND    SCRIP. 

turnislieil  siu-h  soldier  as  will  entitle  him  to  his  land  warrant 
and  patent,  i)rovided  snch  measnre  is  jnstilied  by  the  time 
of  his  enlistment,  the  ])erio(l  of  service,  and  the  report  of 
stuue  ollieer  of  the  corps  to  which  he  was  attached. 
:}Stat.  :U7;  R.  S.  'JUO. 

NoTT  Trarrmit.     Sec.  328.  AVlicnever  it  appears   that  any  certilicato  or 

LMnetl  In  lieu  of  ..  ,.  '^  ^      ^  ,  '^-i  i 

lost xrairaut.  Warrant,  issned  in  i)nrsuanco  ot  any  law  p-antm^  bounty 
land,  has  been  lost  or  destroyed,  whether  the  same  has  been 
sold  and  assigned  by  the  warrantee  or  not,  the  Secretary 
of  tlie  Interior  is  required  to  cause  a  new  certificate  or  war- 
rant of  like  tenor  to  bo  issued  in  lieu  thereof;  wliich  new 
certilicate  or  warrant  may  bo  assigned,  located,  and  i)atente(l 
in  like  manner  as  other  certificates  or  warrants  for  bounty 
land  are  now  authorized  by  law  to  be  assigned,  located,  and 
patented;  and  in  all  cases  where  warrants  have  been,  or 
may  be,  reissued,  the  original  warrant,  in  whose  ever  hands 
it  may  be,  shall  be  deemed  and  held  to  be  null  and  void, 
and  the  assignment  thereof,  if  any  there  be,  fraudulent ; 
and  no  patent  shall  ever  issue  for  any  land  located  there- 
with, unless  such  presumption  of  fraud  in  the  assignment 
be  removed  by  due  proof  that  the  same  was  executed  by  the 
warrantee  in  good  faith  and  for  a  valuable  consideration. 

12  Stat.  90;  18  id.  Ill ;  R.  S.  2441.  2  Op.  Att.  Gen.  506;  3  id.  382. 
Decisions  Sec.  Int.,  Nov.  10,  1851  (1  Lester's  L.  L.  (312);  July  26, 
1679  (6  Copp's  L.  O.  114).  Decision  Cora.  G.  L.  O.,  Oct.  12,  1854 
(1  Lester's  L.  L.  610).     Cir.  G.  L.  O.,  Jiilv  20,  1875  (Copp's  L.  L. 

-    727).     Cir.  Com.  Pensions,  Aug.  15,  I860  (Zab.  L.  L.  727)  and  1879. 

Repniationg  by     Sec.  329.  The  Secretary  of  the  Interior  is  required  to  pre- 

u^r^  "^^■^' scribe  such  regulations  for  carrying  the  preceding  section 

into  etfect  as  he  may  deem  necessary  and  proper  in  order  to 

protect  the  Government  agamst  imposition  and  fraud  by 

persons  claiming  the  benefit  thereof;  and  all  laws  and  parts 

of  laws  for  the  punishment  of  frauds  against  the  United 

States  are  made  applicable  to  frauds  under  that  section. 

12  Stat.  91 ;  18  id.   Ill ;  R.  S.  2442,  Cir.  Com.  Pensions,  Aug.  15, 

1860  (Zab.  L.  L.  360). 

Death  of  claim-  Sec.  330.  When  proof  has  been  or  hereafter  is  filed  in  the 
uatog  rishf^d  Pension  Office,  during  the  life-time  of  a  claimant,  establish- 
before  isaumg  of  ing,  to  the  satisfaction  of  that  office,  his  right  to  a  warrant 
warran  ^^^  military  services,  and  such  warrant  has  not  been,  or  may 

not  be,  issued  until  after  the  death  of  the  claimant,  and  all 
such  warrants  as  have  been  heretofore  issued  subsequent  to 
the  death  of  the  claimant,  the  title  to  such  warrants  shall 
vest  in  his  widow,  if  there  be  one,  and  if  there  be  no  widow, 
then  in  the  heirs  or  legatees  of  the  claimant ;  and  all  military 
bounty-land  warrants  issued  pursuant  to  law  shall  be  treated 
as  personal  chattels,  and  may  be  conveyed  by  assignment 
of  such  widow,  heirs,  or  legatees,  or  by  the  legal  rejjresent- 
atives  of  the  deceased  claimant,  for  the  use  of  such  heirs  or 
legatees  only. 

11  Stat.  308 ;  R.  S.  2444.  2  Op.  Att.  Gen,  506 ;  9  id.  243.  Cir.  G.  L. 
O.,  Nov.  1,  1858  (1  Lester's  L.  L.  607).     Cir.  Com.  Pensions,  1879. 

When  proofa  Sec.  331.  The  legal  representatives  of  a  deceased  claimant 
k^^  rep^nu^for  a  bounty -land  %varrant,  whose  claim  was  filed  prior  to  his 
tivea.  death,  may  file  the  proofs  necessary  to  perfect  such  claim. 

15  Stat.  336 ;  R.  S.  2445. 


BOUNTY-LAND   WARRANTS    AND    SCRIP.  121 

Sec.  332.  All  warrants  for  military  bounty-lands  which  Miiitarybounty. 
have  been  or  may  hereafter  be  issued  under  any  law  of  the  ^pd  focatSns  a^ 
United  States,  and  all  valid  locations  of  the  same  which  signabie. 
have  been  or  may  hereafter  be  made,  are  declared  to  be  as- 
signable by  deed  or  instrument  of  writing,  made  and  exe- 
cuted according  to  such  form  and  pursuant  to  such  regula- 
tions as  may  be  prescribed  by  the  Commissioner  of  the 
General  Land  Office,  so  as  to  vest  the  assignee  with  all  the 
rights  of  the  original  owner  of  the  warrant  or  location. 

10  Stat.  3 ;  11  id.  309 ;  R.  S.  2414.  2  Op,  Att.  Gen.  506 ;  3  id.  382;  7 
id.  G57.  Dyke  v.  McVey,  16  Ills.  41;  Fort  v.  Wilson,  3  Iowa,  153; 
Waters  v.  Busli,  42  id.  255 ;  Railway  Co.  v.  Clingman,  43  id.  306 ; 
Merrill  v.  Hartwell,  11  Mich.  200 ;  Johnson  v.  Gilfillan,  8  Minn- 
395.  Decisions  Sec.  Int.,  Nov.  10,  1851  (1  Lester's  L.  L.  612); 
March  20, 1852  (1  id.  612) ;  March  16.  1854  (1  id.  614) ;  May  21, 1856 
(1  id.  616) ;  Aug.  10, 1858  (1  id.  619) ;  March  25, 1859  (1  id.  620) ;  Jan. 
19,  1860  (1  id.  621) ;  Sept.  30,  1878  (5  Copp's  L.  O.  127).  Cir.  G.  L. 
O.,  March  23, 1852  (1  Lester's  L.  L.  585) ;  April  2,  1852  (1  id.  589); 
Oct.  14,  1852  (1  id.  591);  Oct.  17,  1853  (Zab.  L.  L.  332);  May  3, 
1855  (1  id.  343) ;  Aus.  27, 1861  (1  id.  363) ;  May  23, 1856  (1  id.  358); 
July  20,  1875  (5  Copp's  L.  O.  127). 

Sec  333.  The  warrants  which  have  been  or  may  hereaf-    warrants  lo- 
ter  be  issued  in  pursuance  of  law  may  be  located  according  ^i^^^'^^ndt 
to  the  legal  subdivisions  of  the  public  lands  in  one  body  ex  cess  paid  m 
upon  any  lands  of  the  United  States  subject  to  private  en-  *^  " 
try  at  the  time  of  such  location  at  the  minimum  price. 
"When  such  warrant  is  located  on  lands  which  are  subject  to 
entry  at  a  greater  minimum  than  one  dollar  and  twenty-five 
cents  per  acre,  the  locator  shall  pay  to  the  United  States  in 
cash  the  difference  between  the  value  of  such  warrants  at 
one  dollar  and  twenty-five  cents  per  acre  and  the  tract  of 
land  located  on.    But  where  such  tract  is  rated  at  one  dol- 
lar and  twenty-five  cents  per  acre,  and  does  not  exceed  the 
area  specified  in  the  warrant,  it  must  be  taken  in  full  satis- 
faction thereof. 

10  Stat.  3 ;  R.  S.  2415.  Taylor  et  al.  v.  Quarles,  5  Cranch,  234 ; 
Wirth  V.  Branson,  8  Otto,  118.  5  Op.  Att.  Gen.  609.  Butterfield 
V.  Railway  Co.,  31  Cal.  264.  Decisions  Sec.  Int.,  Nov.  10,  1851  (1 
Lester's  L.  L.  612) ;  May  20,  1852  (1  id.  612) ;  March  19, 1856  (1  id. 
615) ;  Jan.  21,  1860  (1  id.  622);  Jan.  20,  1875  (Copp's  L  L.727); 
Feb.  19, 1874  (1  id.  740) ;  March  11, 1876  (3  Copp's  L.  O.  10) ;  Aug. 
11, 1876  (1  id.  86) ;  Oct.  5, 1876  (1  id.  121).  "  Decisions  Com.  G.  L.  O., 
March  23,  1852  (1  Lester's  L.  L.  585) ;  April  2,  1852  (1  id.  589) ;  Oct. 
17, 1853  (1  id.  592) ;  May  3,  1855  (1  id.  598) ;  May  23, 1856  (1  id.  607^. 
Decisions  Com.  G.  L.  O.,  Juno  17,  1875  (Copp's  L.  L.  179 ;  2  Copp's 
L.  O.  68).     Cir.  G.  L.  O.,  Sept.  1,  1879,  pp.  6,  7 ;  Aug.  2,  1871. 

Sec.  334.  In  all  cases  of  warrants  for  bounty  lands,  issued    c  laims  f  oi 
by  virtue  of  an  act  approved  July  twenty-seven,  one  thou-  vinSo'^of^ortaiS 
sand  eight  hundred  and  forty-two,  and  of  two  acts  approved  acts  named,  &c. 
January  twenty-sev^n,  one  thousand  eight  hundred  and 
thirty-five,  therein  and  thereby  revised,  and  of  two  acts  to 
the  same  intent,  respectively,  approved  June  twenty-six, 
eighteen  hundred  and  forty-eight,  and  February  eiglit,  eight- 
een hundred  and  fifty-four,  for  military  services  in  the  revo- 
lutionary war,  or  in  the  war  of  eighteen  hundred  and  twelve 
with  Great  Britain,  which  remained  unsatisfied  on  the  second 
day  of  July,  eighteen  hundred  and  sixty-four,  it  is  lawful 
for  the  person  in  whose  name  such  warrant  issued,  his  heirs 
or  legal  representatives,  to  enter  in  quarter-sections,  at  the 


122  BOraXY-LAND    WARRANTS   ANT)    SCRIP. 

proper  local  land  ofliw  in  any  of  tho  Stntea  or  Torritorios, 
tho  quantity  of  the  i)ul>lic  lands  subject  to  private  cntiy 
which  he  is  entitled  to  un(U><'  such  warrant. 

U  Stat.  -MS;  R.  S.  'JJIC.     Wirtli  r.  nmuson,  8  Otto,  118. 

&uuo8irtv>i<»».  Sec.  'X^ii.  All  warrants  for  bounty  lands  ri'ferrod  to  in 
tlie  i>recedin^  section  may  be  located  at  any  time,  in  con- 
formity with  tJio  general  laws  in  force  at  the  time  of  such 
loc;ition. 

13  Stat.  379;  R.  S.  2417. 

Sales,  mort-      Sec.  330.  All  salcs,  mortgaffGs,  letters  of  attorney,  or  other 
attornov*"  .\f  iii-strumouts  of  Writing,  going  tx>  atlect  the  title  or  claim  to 
madoUfoaissuo  any  warrant  issued,  or  to  be  issued,  or  any  land  granted,  or 
of  warnuit  to  U'  ^^^  ^^  granted,  under  the  i)reccding  provisions  of  this  chai)- 
ter,  made  or  executed  prior  to  tho  issue  of  such  warrant, 
shall  be  mill  and  void  to  all  intents  and  puri)oses  whatso- 
ever ;  nor  shall  such  warrant,  or  tho  laud  obtained  thereby, 
be  in  any  wise  affected  by,  or  charged  with,  or  subject  to, 
the  payment  of  any  debt  or  claim  incurred  by  any  oliicer  or 
soldier,  prior  to  the  issuing  of  the  patent. 

9  Stat.  521 ;  R.  S.  1^36.  Wright  v.  Taylor,  2  Dillon,  C.  C.  23.  2  Op. 
Att.  Gen.  SOG;  3  id.  382.  Dupr6  r.  McRight,  6  La.  Ann.  146;  Nich- 
ols V.  Nichols,  3  Pinney  (Wis.)  174  ;  same  case,  3  Chandler  (Wis.) 
189;  Stej)henson  v.  W^ilson,  37  id.  482;  Fort  v.  Wilson,  3  Iowa 
153;  Railway  Co.  r.  Cliugman,  43  f J.  306.  Decisions  Sec.  Int., 
April  17,  1871  (1  Lester's  L.  L.  611).  Cir.  G.  L.  O.,  Aug.  2,  1871 ; 
July  20,  1875  (Copp's  L.  L.  727). 

Warrants  to  be      Sec.  337.  It  shall  be  the  duty  of  the  Commissioner  of  the 
p°eM^'^by*com-  General  Land  Office,  under  such  regulations  as  may  be  pre- 
^^sioDerofLand  scribed  by  the  Secretary  of  tho  Interior,  to  cause  to  be 
*^  located,  free  of  expense,  any  warrant  which  tho  hohler  may 

transmit  to  the  General  Land  Office  for  that  purpose,  in  such 
State  or  land  district  as  the  holder  or  warrantee  may  desig- 
nate, and  upon  good  farming  land,  so  far  as  the  same  can  be  as- 
certained from  the  majjs,  plats,  and  field -notes  of  the  surveyor, 
or  from  any  other  information  in  the  possession  of  the  local 
office,  and,  upon  the  location  being  made,  the  Secretary  shall 
cause  a  patent  to  be  transmitted  to  such  warrantee  or  holder. 

9  Stat.  521;  R.  S.  2437.  Wirth  v.  Branson,  8  Otto,  118.  2  Op.  Att. 
Gen.  501.  Decisions  Sec.  Int.,  Feb.  19, 1858  (1  Lester's  L.  L.  617) ; 
March  1,  1876  (3  Copp's  L.  0. 10).  Decision  Com.  G.  L.  O.,  July 
20,  1875  (Copp's  L.  L.  727).  Cir.  G.  L.  O.,  March  31,  1851  (1  Les- 
ter's L.  L.  581,  583) ;  April  4,  1851  (1  id.  584). 

Mode  of  isBubig  Sec.  338.  In  all  cases  where  an  officer  or  soldier  of  the 
Ll^*' of  ^p^s^ns  revolutionary  war,  or  a  soldier  of  the  war  of  eighteen  hun- 
en titled toboonty  drcd  and  twelvo,  was  entitled  to  bountj'  land,  has  died  be- 
^^'^  fore  obtaining  a  patent  for  the  land,  and  where  application 

is  made  by  a  part  only  of  the  heirs  of  such  deceased  oificer 
or  soldier  for  such  bounty  land,  it  shall  be  the  duty  of  the 
Secretary  of  the  Interior  to  issue  the  patent  in  the  name  of 
the  heirs  of  such  deceased  officer  or  soldier,  without  specify- 
ing each ;  and  the  patent  so  issued  in  the  name  of  the  heirs 
generally,  shall  inure  to  the  benefit  of  the  whole,  in  such 
portions  as  they  are  severally  entitled  to  by  the  laws  of  de- 
scent in  the  State  or  Territory  where  the  officer  or  soldier 
belonged  at  the  time  of  his  death. 
5  Stat.  650 ;  R.  S.  2443. 


BOUNTY-LAND    WAERANTS   AND    SCRIP.  123 

Sec.  339.  Where  an  actual  settler  on  the  public  lands  has  mi^^^*^^o^t^! 
sought,  or  hereafter  attempts,  to  locate  the  land  settled  on  Sid  ^n-an™  m 
and  improved  by  him,  with  a  miUtary  bounty-land  warrant,  *^^*'^*^°^*'"'*'^* 
and  where,  from  any  cause,  an  error  has  occurred  in  making 
such  location,  he  is  authorized  to  relinquish  the  land  so  er- 
roneously located,  and  to  locate  such  warrant  upon  the  land 
so  settled  upon  and  improved  by  him,  if  the  same  then  be 
vacant,  and  if  not,  upon  any  other  vacant  land,  on  making 
proof  of  those  facts  to  the  satisfaction  of  the  land  officers, 
acxjordiug  to  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Commissioner  of  the  General  Laud  Office, 
and  subject  to  his  final  adjudication. 

10  Stat.  256;  R.  S.  2446.  U.  S.  v.  Innerarity,  19  WaU.  595;  Wirtli 
r.  Branson,  8  Otto,  118;  Scull  v.  U.  S.,  8  M.410;  U.  S.  v.  ClamoF- 
gan,  Danterive  r.  U.  S.,  S.  C,  Oct.  T.  1879,  in  mannscript.  2  On. 
Att.  Gen.  501.     Cir.  G.  L.  O.,  April  20,  1853  (1  Lester's  L.  L.  590> 

Sec.  340.  The  President  is  authorized  to  exchange  with  Authorizing  the 
the  half-breeds  or  mixed  bloods  of  the  Dacotah  or  Sioux  na-  JSKd^acri^ 
tion  of  Indians,  who  are  entitled  to  an  interest  therein,  for 
the  tract  of  land  lying  on  the  west  side  of  Lake  Pepin  and 
the  Mississippi  Eiver,  Minnesota,  which  was  set  apart  and 
granted  for  their  use  and  benefit,  by  the  ninth  article  of  the 
treaty  of  Prairie  du  Chien,  of  the  fifteenth  day  of  July, 
one  thousand  eight  hundred  and  thirty;  and  for  that  pur- 
pose he  is  authorized  to  cause  to  be  issued  to  said  per- 
sons, on  the  execution  by  them,  or  by  the  legal  representar 
fives  of  such  as  may  be  minors,  of  a  full  and  complete  relin- 
quishment by  them  to  the  United  States  of  all  their  right, 
title,  and  interest,  according  to  such  form  as  shall  be  pre- 
scribed by  the  Commissioner  of  the  General  Land  Office,  in 
and  to  said  tract  of  land  or  reservation,  certificates  or  scrip 
for  the  same  amount  of  land  to  which  each  individual  would 
be  entitled  in  case  of  a  division  of  the  said  grant  or  reserva- 
tion pro  rata  among  the  claimants — which  said  certificates 
or  scrij)  may  be  located  upon  any  of  the  lands  within  said 
reservation  not  now  occupied  by  actual  and  bona-fide  set- 
tlers of  the  half-breeds  or  mixed  bloods,  or  such  other  iier- 
sons  as  have  gone  into  said  Territory  by  authority  of  law, 
or  upon  any  other  unoccupied  lands  subject  to  pre-emption 
or  private  sale,  or  upon  any  other  unsurveyed  lands,  not 
reserved  by  Government,  upon  which  they  have  respect- 
ively made  improvements :  Provided,  That  said  certificates  Prwviao. 
or  scrip  shall  not  embrace  more  than  six  hundred  and  forty, 
nor  less  than  forty  acres  each :  And  j^rovided,  That  the  same 
shall  be  equally  apportioned,  as  nearly  as  practicable,  among 
those  entitled  to  an  interest  in  said  reservation :  And  pro- 
vided further,  That  no  transfer  or  conveyance  of  any  of  said 
certificates  or  scrip  shall  be  valid. 

10  Stat.  304.  2  Op.  Att.  Gen.  506;  3iU382.  Sharon  v.  Wooldrick, 
18  Minn.  354 ;  Thompson  v.  My  rick,  20  id.  205.  Decisions  Sec.  Int., 
May  24,  1859  (1  Lester's  L.  L.  634) ;  July  18, 1859  (1  id.  499) ;  May 
25,  1871  (Copp'8  L.  L.  444) ;  Sept.  27,  1872  (Copp's  L.  L.  373).  Cir. 
G.  L.  O.,  March  21,  1857  (1  Lester's  L.  L.  G27) ;  Feb.  22,  1864  (Zab. 
L.L.310;  Copp's  L.  L.721;  1  Copp's  L.  0.142);  Jan.  29,  lb"72 
(Copp's  L.  L.  723) ;  June  26, 1874  (Copp's  L.  L.  724 ;  1  Copp's  L.  O. 
54) ;  Nov.  12,  1874  (Copp's  L.  L.  725;  1  Copp's  L.  0. 141) ;  May  23, 
1878  (5  Copp's  L.  0. 126). 

Sec.  341 .  Where  any  private  land  claim  was  confirmed 


\'2\  BOUNTY-LAND    WARRANTS   AND    SCRIP. 

Ccniiio:it<>«  of  by  C\)njire8S  \n'wT  to  June  secoiul,  cij^btoon  liniuhcd  and 
t^ulm«  Tn  Mti'i-*'^^'^""'^''^^''^  '*"•'  ^^^'^  sanu>,  in  Avholc  t)r  in  i)art,  lias  not.  been 
t-Action  of  cim-UH'atod  01'  satii^licd,  c'ithiT  for  Avant  of  a  specilic  location 
i^aciaimBwiVu'u  pi''^>i' to  sucli  coulimiation,  OF  for  any  reason  whatsoever, 
canuotboUxutwL  Qtii^^i-  (liau  a  discovery  of  fraud  in  such  claim  subsequent  to 
such  conlirniation,  it  shall  be  the  duty  of  the  surveyor-p:en- 
cral  of  the  district  in  Avhich  such  claim  was  situated,  upon 
satisfactory  proof  that  such  claim  has  been  so  conlirmed, 
luid  that  tiie  same,  in  whole  (u-  in  part,  remains  unsatisfied, 
to  issue  to  the  claimant,  or  his  le^al  representatives,  certifi- 
cates of  location  for  a  quantity  of  land  equal  to  that  so 
coulii-med  and  unsatisfied ;  Avhich  certificates  of  location 
or  scrip  shall  be  subdivided  according  to  the  request 
of  the  confirmee  or  confirmees,  and,  as  nearly  as  prac- 
ticable, in  conformity  with  the  legal  divisions  and  subdi- 
%-isions  of  the  public  lauds  of  the  IJnited  States,  and  shall 
be  assignable  by  deed  or  instrument  of  writing,  according 
to  the  form  and  pursuant  to  regulations  prescribed  by  the 
Commissioner  of  the  General  Laud  Ofiice,  so  as  to  vest  the 
assignee  with  all  the  rights  of  theoriginal  owners  of  the  scrip, 
including  the  right  to  locate  the  same  in  his  own  name  upon 
any  of  the  public  lands  of  the  United  States  subject  to  sale  at 
private  entry,  at  a  price  not  exceeding  one  dollar  and  twenty- 
five  cents  per  acre,  and  shall  be  received  from  actual  set- 
tlers only  in  payment  of  pre-emption  claims  or  in  commu- 
tation of  homestead  claims,  in  the  same  manner  and  to  the 
same  extent  as  is  now  authorized  by  law  in  the  case  of  mili- 
tary bounty-land  warrants. 

11  Stat.  294,295;  20  id.  274,275.  2  Op.  Att.  Gen.  50G;  3  id.  392. 
Decisions  Sec.  Int.,  April  24,  1878;  July  7,  1879;  Feb.  28,1880 
(7  Copp'sL.  O.  55) ;  June  22,  1880  (7  id.  57).  Decisions  Com.  G.  L. 
O.,  Aiij?.  26,1872  (Copp's  L.L.513);  April  12,  1873  {id.  .527);  July 
14, 1873  (id.  517);  Dec.  14,1876;  March  22,1879.  Cir.  G.  L.  O., 
Oct.  25,  1860  (Copp's  L.  L.  523). 

ioMt1on°of  fadt  Sec.  342.  Whenever,  in  cases  prosecuted  under  the  acts 
ciai  scrip  in  lieiiof  Cougrcss  of  Juuc  twcuty-second,  eighteen  hundred  and 
TltTfanTciliniB.  sixty,  March  second,  eighteen  hundred  and  sixty-seven,  and 
the  first  section  of  the  act  of  June  tenth,  eighteen  hundred 
and  seventy-two,  providing  for  the  adjustment  of  private 
land  claims  in  the  States  of  Florida,  Louisiana  and  Mis- 
souri, the  validity  of  the  claim  has  been,  or  shall  be  here- 
after, recognized  by  the  Supreme  Court  of  the  United  States, 
and  the  court  has  decreed  that  the  i)laintili'  or  plaintifis  is  or 
are  entitled  to  enter  a  certain  number  of  acres  upon  the 
public  lands  of  the  United  States,  subject  to  private  entry 
at  one  dollar  and  twenty-five  cents  per  acre,  or  to  receive 
certificate  of  location  for  as  much  of  the  land  the  title  to 
which  has  been  established  as  has  been  disposed  of  by  the 
United  States,  certificate  of  location  shall  be  issued  by  the 
Commissioner  of  the  General  Land  Oifice,  attested  by  the  seal 
of  said  ofiice,  to  be  located  as  provided  for  in  the  sixth  sec- 
tion of  the  aforesaid  act  of  Congress  of  June  twenty-second, 
eighteen  hundred  and  sixty,  or  applied  according  to  the 
provisions  of  this  section ;  and  said  certificate  of  location  or 
scrip  shall  be  subdivided  according  to  the  request  of  the 
confirmee  or  confirmees,  and,  as  nearly  as  practicable,  in 


BOUNTY-LAND   WARRANTS   AND    SCRIP.  125 

conformity  witti  the  legal  divisions  and  subdivisions  of  the 
public  lauds  of  the  United  States,  and  shall  be,  and  are 
hereby  declared  to  be,  assignable  by  deed  or  instrument  of 
writing,  according  to  the  form  and  pursuant  to  regular 
tions  prescribed  by  the  Commissioner  of  the  General  Land 
Ofiice,  so  as  to  vest  the  assignee  with  all  the  rights  of  the 
original  owners  of  the  scrip,  including  the  right  to  locate  the 
scrip  in  his  own  name;  such  scri[)  shall  be  received  from 
actual  settlers  only  in  payment  of  pre-emption  claims  or  in 
commutation  of  homestead  claims,  in  the  same  manner  and 
to  the  same  extent  as  is  now  authorized  by  law  in  the  case 
of  military  bounty-land  warrants. 

12  Stat.  85, 86 ;  20  id.  274, 275.  2  Op.  Att.  Gen.  506 ;  3  id.  382.  De- 
cisions Sec.  Int.,  Aug.  4, 1875  (Copp's  L.  L.  796).  Decisions  Com. 
G.  L.  O.,  March  31,  1879.  Cir.  G.  L.  O.,  Oct.  8,  1874  (Copp's  L.  L- 
797);  Sept.  15,  1875  (2  Copp's  L.  O.  102);  Feb.  13,  1879  (5  id.  181). 

Sec.  343.  The  register  of  the  proper  land  office,  upon  any  Patent  to  issae 
certificate  issued  under  the  two  preceding  sections  being  "^^"p^**<=*"'>"*- 
located,  shall  issue,  in  the  name  of  the  party  making  the 
location,  a  certificate  of  entry,  upon  which,  if  it  shall  ap- 
pear to  the  satisfaction  of  the  Counnissioner  of  the  General 
Land  Office  that  such  certificate  has  been  fairly  obtained, 
according  to  the  true  intent  and  meaning  of  said  sections, 
a  patent  shall  issue,  as  in  other  cases,  in  the  name  of  the 
locator  or  his  legal  representative. 

12  Stat.  85,  86;  20  id.  274,  275.  Decisions  Com.  G.  L.  O.,  Aug.  7, 
1874  (1  Copp's  L.  0. 92).  Cir.  G.  L.  O.,  Oct.  8,  1874  (Copp's  L.  L. 
797,  1  Copp's  L.  0. 124)  ;  Sept.  15,  1875  (2  Cofjp's  L.  0. 102) ;  Feb. 
13,  1879  (5  id.  181)  ;  May  8,  1879  (6  id.  54). 

Sec.  344.  The  warrants  issued  to  William  Kinney  and  Porterfieid 
Thomas  J.  Michie,  executors  of  the  last  will  and  testament  rated.  *'^  °* 
of  Eobert  Porterfieid,  deceased,  pursuant  to  the  act  of  Con- 
gress approved  April  eleventh,  eighteen  hundred  and  six:ty, 
may  be  by  them  located  on  any  of  the  public  lands  which 
have  been  or  may  be  surveyed,  and  which  have  not  been 
otherwise  appropriated  at  the  time  of  such  location  within 
any  of  the  States  or  Territories  of  the  United  States  where 
the  minimum  price  for  the  same  shall  not  exceed  the  sum  of 
one  dollar  and  twenty-five  cents  per  acre ;  to  be  selected  and 
located  in  conformity  with  the  legal  subdivisions  of  the  pub- 
lic surveys,  and  appropriated  according  to  the  directions  con- 
tained in  the  last  will  and  testament  of  the  said  Robert  Por-' 
terfield,  deceased,  in  the  same  manner  and  for  the  purposes 
directed  in  regard  to  the  lands  which,  were  lost  by  the  said 
legal  representatives  in  the  action  with  Clark  and  others, 
as  decided  by  the  Supreme  Court  of  the  United  States. 

12  Stat.  836.  2  Op.  Att.  Gen.  506 ;  3  id.  382.  Parker  v.  Dnff,  47  CaL 
554,  Decisions  Sec.  Int.,  Nov.  2, 1871  (Copp's  L.  L.  803) ;  July  25, 
1872  (i(7.  805),  Decisions  Com.  G.  L.  O.,  March  16, 1870  (Copp's  L. 
L.  216).     Form  of  8cri2) :  Copp's  L.  L.  805. 

Sec.  345.  The  scrip  issued  to  Thomas  B.  Valentine,  pur-  vaientinoaorip, 
suant  to  an  act  of  Congress  approved  April  fifth,  eighteen  ^•'^  located, 
hundred  and  seventy-two,  may  be  located  by  said  Valentine 
or  his  legal  representatives  ujjon  any  of  the  unoccupied  and 
unappropriated  public  lauds  of  the  United  States,  not  min- 
eral, and  in  tracts  not  less  than  the  subdivisions  provided 


126  BOUNTY-LAND    WAERANTS   AND    SCRIP. 

for  ill  the  United  States  laud  laws,  and,  if  nnsnrveyod  when 
taken,  to  oonforui,  ^vllon  surveyed,  to  tlie  general  system  of 
United  Stat<.';3  land  sui'veys,  and  patcntij  shall  be  allowed 
thejel'or. 

17  Stat.  GAO.  2  Op.  Att.  Gen.  506 ;  3  id.  382.  Dccisiona  Sec.  Int. ,  Fob. 
2^,  l.>^9  (t)  Copp'8  L.  O.  22) ;  Miirch  19,  1879 ;  July  17,  1880  (7 
Copp's  L.  O.  88).  Decisions  Com.  G.  L.  O.,  Feb.  12,  1878  (4  Copp's 
L.  O.  186) ;  Nov.  22,  187G  (3  id.  172).  Cir.  G.  L.  O.,  Juno  17,  lb74 
(Copp's  L.  L.  600,  1  Copp'B  L.  O.  09) ;  Jan.  G,  187C  (2  Copp's  L.  O. 
183). 

rroriainc  fbt  Sec.  34(5,  The  Commissioner  of  the  General  Land  Office 
tfo^  of'^coiee  is  authorized  and  reiiuired  to  issue  warrants,  in  lieu  of  Iowa 
scrip.  swampland  indemnity  certificates  numbered  ninety-two  and 

ninety-three,  to  Kobert  Coles,  in  accordance  with  the  legal 
subdivisions  of  the  public  lands,  in  quantities  not  less  than 
eighty  acres,  which  may  be  located  by  the  said  Kobert  Coles, 
his  heirs  or  assigns,  upon  any  of  the  public  lands  not  mineral, 
or  coal  or  double-minimum  lands,  subject  to  entry  by  pre-emp- 
tion, or  under  the  provisions  of  the  homestead  act ;  which 
warrants  may  also  bo  received  firom  actual  settlers  in  pay- 
ment of  pre-emption  claims  or  in  commutation  of  homestead 
claims,  in  the  same  manner  and  to  the  same  extent  as  is  now 
authorized  by  law  in  the  case  of  military  bounty-land  war- 
rants :  Provided,  That  said  locations  do  not  interfere  with 
prior  pre-emption  or  homestead  rights;  and  patents  may 
issue  therefor  the  same  as  provided  for  military  bounty-land 
warrants  or  lands  sold  for  cash. 

20  Stat  536.     2  Op.  Att.  Gen.  506 ;  3  id.  382. 

Chhipewa  h«if-  Sec.  347.  In  Ucu  of  the  lands  provided  for  the  mixed 
^tf  |^7'p^  bloods  of  the  Eed  Lake  and  Pembina  bands  of  Chippewa 
bina  bands.  Indians  by  article  eight  of  the  treaty  concluded  at  the  Old 
Crossing  of  Red  Lake  River,  on  October  second,  eighteen 
hundred  and  sixty-three,  scrip  shall  be  issued  to  such  of  said 
mixed  bloods  as  shall  so  elect,  which  shall  entitle  the  holder 
to  a  like  amount  of  land,  and  may  be  located  upon  any  of  the 
lands  ceded  by  said  treaty,  but  not  elsewhere,  and  shall  be 
accepted  by  said  mixed  bloods  in  Iwu.  of  all  future  claims 
for  annuities. 

13  Stat.  669, 690 ;  Revised  Indian  Treaties,  256, 259.  2  Op.  Att.  Gen. 
506 ;  3  id.  382.     Cir.  G.  L.  O.,  April  20,  1871  (Copp's  L.  L.  712). 

Chippewa  half-  Sec.  348.  Each  head  of  a  family  or  single  person  over 
sn^OT^&Ddi'^'^^^^ty"^^^  years  of  ago  on  September  thirtieth,  eighteen 
huudi'ed  and  fifty-four,  of  the  mixed  bloods,  belonging  to  the 
Chippewas  of  Lake  Superior,  shall  be  entitled  to  eighty  acres 
of  land,  to  be  selected  by  tuem  under  the  direction  of  the 
President,  and  which  shall  be  secured  to  them  by  patent  in 
the  usual  form. 

10  Stat.  1110.  Larrivier  v.  Madigan,  1  Dillon,  C.  C.  44».  2  Op.  Att. 
Gen.  506 ;  3  id.  382.  Cir.  G.  L.  O.,  Nov.  24,  1857  (Zab.  L.  L.  308) ; 
Slav  13,  1865  (id.  313) ;  April  21,  1871  (Copp's  L.  L,  712) ;  March 
15,  '1873  {id..707). 

Certain  lands  Sec.  349.  The  Secretary  of  the  Interior  is  authorized  to 
feith**by"^cif tas  permit  the  purchase,  with  cash  or  military  bounty-land  war- 
arisinp "  ii  n  d  o  r  lants,  of  such  lands  as  may  have  been  located  with  claims  aris- 
be?3o,''i854!'m?y  ing  imdcr  the  seventh  clause  of  the  second  article  of  the  treaty 
^p^rchaseii.&c.  of  September  thirty,  eighteen  hundred  and  fifty-four,  at  such 


BOUNTY-LAND   WARRANTS   AND   SCRIP.  127 

price  per  acre  as  he  deems  equitable  and  proper,  but  not  at 
a  less  price  than  one  dollar  and  twenty-five  cents  per  acre>, 
and  the  owners  and  holders  of  such  claims  in  good  faith  are 
also  permitted  to  complete  their  entries,  and  to  perfect  their 
titles  under  such  claims  upon  compliance  with  the  terms 
above  mentioned ;  but  it  must  be  shown  to  the  satisfaction 
of  the  Secretary  of  the  Interior  that  such  claims  are  held  by 
innocent  parties  in  good  faith,  and  that  the  locations  made 
under  such  claims  have  been  made  in  good  faith  and  by  in- 
nocent holders  of  the  same. 

17  Stat.  340;  R.  S.  2368.  Decision  Com.  G.  L.  O.,  Dec.  1,  1876  (4 
Copp's  L.  O.  109). 

Sec.  350.  The  owners  of  military  land-warrants  issued  by .  scHp  may  be 
the  United  States  in  satisfaction  of  claims  for  bounty  land  Jf/Lmtary^iand* 
for  service  during  the  revolutionary  war,  their  heirs  and  J^'^^f^^^fv  ^^.^^^ 

1     11    -1  T    ji  11  '  j_i        •        T    X  oy  the  United 

assigns,  shall  be,  and  they  are  hereby,  authorized  to  sur- states  in  satisfac- 
render,  to  the  Secretary  of  the  Interior,  such  of  their  war-  iJo°n*ty'^\a^^  f^ 
rants  for  the  said  land  bounties  as  shall  remain  unsatisfied,  service  daring 
in  whole  or  in  part,  and  to  receive  certificates  or  scrip  for^'^a^^'^upon^gu^ 
the  same,  at  any  time  before  the  first  day  of  September,  oi^e  render  uierwft^o 
thousand  eight  hundred  and  thirty-five,  which  certificate  or  the  interior!^^  " 
scrip  shall  be  issued  by  the  said  Secretary,  and  signed  by 
him  and  countersigned  by  the  Commissioner  of  the  General 
Land  OflBce  in  tlie  following  manner,  that  is  to  say:  There 
shall  be  a  separate  certificate  or  scrii),  for  such  sum  as  shall, 
at  the  time  of  issuing  the  same,  be  equal  to  the  then  minimum 
price  of  each  quantity  of  eighty  acres  of  land  due  by  such 
warrant,  and  remaining  unsatisfied  at  the  time  of  such  sur- 
render, and  a  like  certificate  or  scrip  for  such  sum  as,  at  the 
time,  shall  be  equal  to  the  minimum  i^rice  of  the  quantity 
that  shall  so  remain  unsatisfied,  of  any  such  warrant  after 
such  subdivisions  of  the  amount  into  quantities  of  eighty 
acres.  All  certificates  or  scrip  issued  in  virtue  of  any  war- 
rant granted  after  the  thirtieth  day  of  May,  one  thousand 
eight  hundred  and  thirty,  shall  be  issued  to  the  party  orig- 
inally entitled  thereto,  or  his  heir  or  heirs,  devisee  or  devi- 
sees, as  the  case  may  be.  The  certificates  or  scrip  issued 
under  the  provisions  of  this  section,  shall  be  receivable  in 
payment  for  any  of  the  public  lands  liable  to  sale  at  private 
entry;  but  such  certificate  or  scrip  shall  not  entitle  the 
holder  to  enter  or  purchase  any  settled  or  occupied  lands, 
without  the  written  consent  of  such  settlers  or  occupants,  as 
may  be  actually  residing  on  said  lands  at  the  time  the  same 
shall  be  entered  or  applied  for.  All  such  certificates  or  scrij) 
shall  be  assignable,  by  indorsement  thereon,  attested  by  two 
witnesses. 

4  Stat.  422, 423, 424, 665, 770.  2  Op.  Att.  Gen.  SBfj ;  3  id.  246.  Dccia- 
ion  Sec.  Int.,  Juno  14,  1858  (1  Lester's  L.  L.  480).  Cir.  G.  L.  O., 
Aug.  17,  1853  (1  Lester's  L.  L.  682) ;  June  14,  1860  (Copp's  L.  L. 
739) ;  July  1,  1871 :  Dec.  16,  1874  (Copp's  L.  L.  741 :  1  Copp's  L. 
O.  151). 

Sec.  351.  All  outstanding  military  land- warrants  or  parts  sccrotaryof  in- 
of  warrants  issued  upon  allowances  made  by  the  executive  proof  iS  b^hp 
of  the  commonwealth  of  Virginia  i)rior  to  the  first  day  of  i"  satisfaction  of 
March,  one  thousand  eight  hundred  and  fifty-two,  for  mil- 1^^ vir'-'iniaiand- 
itary  services  performed  by  the  officers  and  soldiers,  seamen  warrants. 


128  IU>rNTY-LAND    WARRANTS    ANl^    SCRIP. 

or  nuirinos,  of  the  Virginia  State  ami  continental  lines  in 
tlie  Army  or  Na\'y  of  the  llevohition,  may  be  surrendered 
to  the  Secretary  of  the  Interior,  who,  n])on  beinj;  satisfied, 
by  a  revision  of  the  ]>roofs  or  by  additional  testimony,  that 
any  warrant  tluis  surrendered  was  fairly  and  justly  issued 
in  jmrsnanee  of  tl\e  laws  of  said  commonwealth,  for  military 
services  so  rendered,  and  that  the  same  comes  within  the  i)ro- 
visions  recognized  by  the  Dejiartment  of  the  Interior  in  the 
execution  of  the  provisions  of  "An  act  making  further  pro- 
vision lor  the  satisfaction  of  Virginia  land-warrants,"  ap- 
proved Au  iust  thirty-first,  one  thousand  eight  hundred  and 
lifty-two,  shall  issue  land  scrip  in  favor  of  the  present  pro- 
prietors of  any  warrant  thus  surrendered,  for  the  whole  or 
any  portion  thereof  yet  nnsatislied,  at  the  rate  of  one  dollar 
and  twenty-live  cents  for  each  aero  mentioned  in  the  war- 
rant thus  surrendered  and  which  remains  unsatisfied,  whicji 
scrip  shall  be  receivable  in  payment  for  any  lands  owned 
by  the  United  States  subject  to  sale  at  private  entrj^ ;  and 
said  scrip  shall,  moreover,  be  assignable  by  indorsement 
attested  by  two  witnesses.  In  issuing  such  scrip,  the  Sec- 
retary is  authorized,  when  there  are  more  jiersons  than  one 
interested  in  the  same  warrant  to  issue  to  each  i)erson  scrip 
for  his  or  her  portion  of  the  warrant ;  and  where  infants  or 
feme-coverts  may  be  entitled  to  any  scrip,  the  guardian  of 
the  infant  and  the  husband  of  the  feme-covert  may  receive 
Provisa  and  sell  or  locate  the  same  :  Provided,,  That  no  less  than  a 

legal  subdivision  shall  be  entered  and  paid  for  by  the  scrip 
issued  in  virtue  of  this  section  :  And  irrovided  further,  That  no 
warrant  or  part  of  warrant  shall  be  satisfied  in  scrip,  founded 
or  issued  on  any  allowance  made  by  the  executive  of  Vir- 
ginia since  the  first  day  of  March,  eighteen  hundred  and 
fifty-two. 

10  Stat.  143 ;  12  id.  84.     9  Op.  Att.  Gen.  156, 352, 354 ;  6  id.  243 ;  7  id. 
32,  Gc2.     Cir.  G.  L.  O.,  July  20,  1375  (Copp's  L.  L..  742). 

Note. — For  laws  relatingto  agricultural-college  scrip  and  swamp-land 
indemnity  locations,  see  General  Grants  to  States  and  Territories,  cliap- 
ter  xii. 

For  laws  relating  to  soldiers'  additional  homestead  claims,  see  Home- 
steads, chapter  viii. 

For  certificates  of  deposit  to  be  used  by  settlers  in  payment  for  pub- 
lic lands,  see  Surveys  and  Surveyors,  chapter  iii. 


CHAPTER  TWELVE. 

GENERAL  GaAlTTS  TO  STATES  AND  TEERITORIES. 


Sec. 

35"2.  Orant  to  new  States. 

353.  Selections    and    locations    of   lands 

granted  in  last  section. 

354.  Grant  of  swamp  and  overlio  wed  lands 

to  certain  States  to  aid  in  construc- 
tion of  levees,  &g. 

355.  Secretary  of  Interior  to  make  lists  of 

such  lands  for  transmission  to  the 
governors  of  the  States. 

356.  Legal  subdivisions  mostly  wet  and 

unlit  for  cultivation. 

357.  Indemnity  to  States  where  lands  have 

been  sold  by  United  States. 

358.  Patents  to  issue  for  swamp  lands  to 

purchasers  and  locators  prior  to 
issuing  of  patents  to  States,  &c. 

359.  Selections  of  swamp  and  overflowed 

lands  confirmed. 
380.  Swarax)-land   grants  to   Oregon  and 
Jlinuesota. 

361.  Public  lauds  not  mineral  granted  to 

each  State  for  purpose  of  establish- 
ing agricultural  colleges. 

362.  Agricultural-college  scrip,  to  be  is- 

sued, when. 

363.  Proceeds  of  sales,  how  applied.     As- 

signees of  State  to  locate  scrip. 
May  be  located  on  oftored  lands  or 
received  from  pre-emption  settlers 
in  payment  for  lands. 

364.  Expenses  of  management,  &c.,  to  be 

paid  by  States.  Moneys  from  sale 
of  land  and  scrip  to  be  invested, 
and  interest  applied  to  support  of 
college  of  agriculture  and  mechanic 
arts. 

365.  Conditions  of  grant,  assent  of  States. 

Diminution  of  fund  to  be  made  up 
by  State.  Annual  interest  to  be 
applied  regularly.  Funds  to  bo  ex- 
pended for  buildings.  College  to 
be  furnished  or  moneys  refunded  to 
United  States.  Annual  reports  of 
colleges.  Computation  when 
double-minimum  lands  are  selected. 
States  in  rebellion  not  entitled  to 


Sec. 

o65.  (Continued.) 

benefit  of  grant.  Assent  of  States 
to  bo  given  prior  to  July  1,  1874. 

366.  Fees  of  laud  officers. 

367.  Governors  of  States  to  rejiort  annu- 

ally to  Congress. 

368.  New  States  entitled  to  benefits   of 

grant. 

369.  Nevada  may  select  double-minimura 

lands  not  mineral. 

370.  Selection  of  lands  granted  to  Califor- 

nia, &c. 

371.  Selection  of  lands  granted  to  Oregon, 

&c. 

372.  Selections  by  Oregon  confirmed  except 

when  legally  appropriated. 

373.  Locations  in  excess  of  quantity  al- 

lowed, confirmed. 

374.  Certain  excess  locations  in  Wiscon- 

sin confirmed. 

375.  Reissue  of  agricultural-college  scrip. 

376.  Settlements  before  survey  on  sections 

16  and  36,  deficiencies  thereof. 

377.  Selections  to   supply  deficiencies  of 

school  lands. 

378.  Fee-simple  to  pass  in  all  grants  of 

land  to  States  and  Territories,  when , 

379.  Certain  States  to  be  paid  10  per  cent. 

on  net  proceeds  of  sales  of  puLlVJ 
lands  therein,  &c. 

380.  After   deducting   said   10  per  cent., 

&c.,  residue  to  be  divided  among 
States  of  Union,  how.  To  bo  ap- 
plied as  legislature  may  direct. 

381.  Net  i^roceeds  of  sales  of  public  lands 

payable  at  the  Treasury  hailf-yearly, 
to  whom. 

382.  Money  due  to  be  first  applied  to  pay- 

ment of  debts  to  United  States. 

383.  Length  of  continuation  of  tliis  grant. 

384.  Not  less  than  $150,000  to  be  appro- 

priated annually  for  surveys. 

385.  Amount  duo  on  State  stocks  held  by 

United  States  in  trust,  to  be  with- 
held in  case  of  default  of  principal 
or  interest. 


Sec.  352.  There  is  granted,  for  x>urposes  of  internal  im-    Grant  to  now 
provement,  to  each  new  State  hereafter  admitted  into  the  ^*^*<^^- 
Union,  upon  such  admission,  so  much  public  land  as,  in- 
cluding the  quantity  that  was  granted  to  such  State  before 
its  admission  and  while  under  a  Territorial  government,  will 
make  five  hundred  thousand  acres. 

5  Stat.  455 ;  R.  S.  2378.  Foley  v.  Harrison,  15  How.  433 ;  Shepley 
V.  Cowau,  1  Otto,  330.  Patterson  v.  Saturn,  3  Saw.  C.  C.  164. 
Dall  V.  Meador,  16  Cal.  29(5 ;  Van  Valkenburg  v.  McClond,  21  id. 
330;  Megcrle  v.  Ashe,  27  id.  322;  Bludworth  v.  Lake,  33  id.  255. 

9L  O  129 


130  OF.NF.KAL    GIJANTS    TO    STATES    AND    TERRITOltlES. 

St'Th?uii>''^  stTtioM,  shall  Ik'  inatliMvitliiii  the  limits  of  cacli  State  so 
81'ctiou.  admitti'il  into  tho  Union,  in  sncli  manner  as  the  le};islatnres 

then'of,  n's|)e('tively,  may  direet ;  ami  sneh  lands  shall  1)c 
loeated  in  i»areels  conformably  to  sectional  divisions  and 
subdivisions  of  not  less  than  three  hundred  and  twenty  acres 
in  any  one  location,  oti  any  i)iU)lic  land  not  reserved  from 
sale  by  law  of  Cou^xrt'ss  or  by  proclamation  of  the  Tresident. 
The  locatit)Us  may  be  made  at  any  time  after  the  ])ub]ic  lauds 
in  any  such  now  kjtate  have  been  surveyed  accordinj;-  to  law. 

5  ytat.  l."!;  K.  8.  'J:i70.  Sboplov  v.  Cowan,  1  Otto,  'S.W.  rattcrsoii 
V.  Saturn,  ;{  Saw.  V.  C.  KM.  4  Op.  Att.  Gen.  71.  Dall  v.  Moador, 
U;  Cal.  -JiK);  Van  Valkonbnr^'  v.  JloClond,  21  id.  :{:«);  Toitv  v. 
MojiiTli',  M\  id.  (iUl»;  Mt'^r.Mli-' r.  Aslu-,  27  id.  ;W2 ;  IJliidwortii  i-. 
Lake,  'X\  id.  'i'lf) ;  Farrisli  r.  Coon,  40  id.  8:?;  Ilasting.s  r.  Jaekson, 
4()  id.  234 ;  Sliejilev  v.  Cowan,  52  Mo.  f);")!).  Decisions  S(M'.  Int., 
Jan.  lo,  16oG  (1  Lester's  L.  L.  555);  Nov.  10,  1856  (I  id.  507); 
April  20,  1S59  (1  id.  5G8);  Dec.  U,  lf<59  (1  id.  457);  Sept.  20,  1«71 
(Copp's  L.  L.  44(5);  Sept.  18,  1872  {id.  326,  440);  Nov.  1<J,  1878 
(5  Copp's  L.  O.  15H).  Cir.  G.  L.  O.,  Fcl).  21,  1840  (1  Lester's  L. 
L.  500);  Ang.  G,  1847  (1  id.  501);  Juu.  5,  1872  (Copp's  L.  L.  483). 

Grant  of  sw.ntnp     Sec.  354.  To  enable  the  several  States  (but  not  including 
h.n'.L  ^lo^^cXn  the  states  of  Kansas,  Nebraska,  Nevada,  and  Colorado)  to 
st-ntes  to  aid  in  construct  the  necessary  levees  and  drains,  to  reclaim  the 
leveesTic*.'"       swamp  aiul  overflowed  lands  therein — the  w^holeof  the  swamp 
and  overflowed  lands,  made  unfit  therebj' for  cultivation,  and 
remaining;  unsold  on  or  after  the  twenty -eighth  day  of  Sep- 
tember, A.  D.  eighteen  hundred  and  fifty,  are  granted  and 
belong  to  the  several  States  respectively,  in  which  said  lands 
rroviso.  are  situated:  Provided.,  hoicercr,  That  said  grant  of  swamp 

and  overliowed  lands,  as  to  tlio  State  of  California,  Minne- 
sota, and  Oregon,  is  subject  to  the  limitations,  restrictions 
^  and  conditions  hereinafter  named  and  specified,  as  apidica- 

ble  to  said  three  last-named  States,  resi)ectively. 

9  Stat.  520;  12  id.  3;  18  id.  10;  R.  S.  2479.  Railway  Co.  r.  Fre- 
mont, 9  Wall.  89  ;  Railway  Co.  f.  Sniitli,  9  id.  95 ;  Martin  r.  Marks, 
7  Otto,  345 ;  American  Emigrant  Co.  r.  County  of  Adams,  10  id. 
01;  Same  r.  Wright  Co.,  S.  C,  Dec.  T.  1877,  "in  manuscript.  9 
Op.  Att.  Gen.  253 ;  id.  March  4,  1878,  in  manuscript.  Dunklin 
V.  Dist.  Co.  Ct.,  23  Mo.  449;  Railway  Co.  r.  Smith,  40  id.  310; 
State  V.  Register,  48  id.  59 ;  Foster  r.  Evans,  51  id.  39 ;  Clarksoii 
r.  Bucbannan,  .53  id.  503;  Cami)bcll  r.  Wortman,  58  M.  2.58;  Funk- 
honser  r.  Peck,  07  id.  20;  Fletcher  r.  Pool,  20  Ark.  100:  Branch 
V.  Mitcbell,  24  id.  432;  Ringo  v.  Rotan,  29  id.  50;  Kile  r.  Tubl)S, 
23  Cal.  431 ;  Owens  r.  Jackson,  9  id.  322;  Summers  r.  Dickinson, 
9  id.  558;  People  v.  Stratton,  25  id.  242  ;  People  v.  Merrill,  20  id. 
330 ;  Kern.an  v.  Griffith,  27  id.  (-7 ;  Carder  r.  Baxter,  28  id.  99 ; 
Tliomton  r.  Thompson,  28  id.  002;  Hogar  v.  Lucas,  29  id.  309; 
Kecuan  r.  GrifUth,  31  id.  402 ;  Keen.an  v.  Allen,  33  id.  542 ;  Keenan 
r.  Grillitb,  34  id.  580;  Kimball  r.  Reclamation  Com'rs,  45  id.  344; 
Read  v.  Canithers,  47  id.  181 ;  Wright  r.  Carpenter,  47  id.  430 ; 
Savings  Bank  v.  Hynes,  50  »rf.  19.t;  Bnsch  r.  Donohue,  31  Mich. 
481;  Att'y-Gen.  r.  Thomas,  31  id.  305;  Boyce  r.  Slambaugh,  3-1  id. 
348;  State  v.  Hastings,  11  Wis.  448;  Barrett  v.  Brooks,  21  low.a, 
144  ;  Fremont  Co.  r.  Railway  Co.,-22  id.  91 ;  Railway  Co.  v.  Brown, 
40  id.  333 ;  Page  Co.  v.  Railway  Co.,  40  id.  520 ;  Muriihy  r.  Ewiug, 
22  Ind.  297 ;  Edmontlsou  v.  Core,  02  id.  17 ;  Supervisors  r.  State's 
Att'y,  31  Ills.  08 ;  Gratham  ;•.  Atkins,  03  id.  359 ;  Thomi)son  v.  Prince, 
67  id.  2-81 ;  Keller  v.  Bricklev,  78  id.  133;  Gaston  v.  Scott,  5  Oreg. 
48.  Decisions  Sec.  Int.,  Doc.  23,  1851  (1  Lest  ir'sL.  L.  549) ;  Nov. 
20,  1855;  June  21,  18.)G  (1  Lester's  L.  L.  555) :  Aug.  28,  1850;  Jan. 
V,  1859  (1  Lester's  L.  L.  567) ;  July  23,  1859  (1  id.  570) ;  Aug.  17, 


GENERAL    GRANTS    TO    STATES    AND    TERRITORIES.  131 

1858 ;  Feb.  8,  1860  ;  April  25,  18G2 ;  June  27,  1862 ;  June  1,  1871 ; 
Nov.  11,  187:5;  Dec.  9,  1874:  July  9,  1875;  Aug.  24,  1876;  Sept. 
9,  1876 ;  May  5,  1877  (7  Copp's  L.  O.  63) ;  Dec.  21, 1677  (4  id.  151) ; 
June  28,  1880  (7  id.  70).  Decisions  Com.  G.  L.  O.,  Dec.  21,  1853 
(1  Lester's  L.  L.  551) ;  Jan.  19,  1874  (Copp's  L.  L.  473;  1  Copp's 
L.  O.  5). 

Sec.  355.  It  shall  be  the  duty  of  the  Secretary  of  the  In-  ijft^e^.[^|.'\\y^^^^® 
terior,  to  make  accurate  lists  aud  plats  of  all  such  lands,  and  listsotsuch lamu 
transmit  the  same  to  the  governors  of  the  several  States  in  {".''tho'^govt'i^ora 
which  such  lauds  may  lie,  and  at  the  request  of  the  governor  of  the  sutes. 
of  any  State  in  which  said  swamp  and  overflowed  lands  may 
be,  to  cause  patents  to  be  issued  to  said  State  therefor,  con- 
veying to  said  State  the  fee-simple  of  said  land. 

The  proceeds  of  said  lands,  whether  from  sale  or  by  direct 
appropriation  in  kind,  shall  be  applied  exclusively,  as  far 
as  necessary,  to  the  reclaiming  said  lands,  by  means  of 
levees  and  drains. 

9  Stat.  519 :  R.  S.  2480.  Railway  Co.  v.  Smith,  9  Wall.  95  ;  Frencli 
V.  Fyan,  3  Otto,  169 ;  Martin  r.  Marks,  7  id.  345 ;  American  Emi- 
grant Co.  V.  County  of  Adams,  10  id.  61.  Railway  Co.  v.  Smith, 
40  Mo.  310  ;  Clarkson  r.  Buchannan,  53  id.  563 ;  Lockwood  v.  Rail- 
way Co.,  65  id.  233 ;  Fuukhouser  v.  Peck,  67  id.  20 ;  Birch  v.  Gilles, 
67  id.  102;  Keriian  v.  Grif3atb,  27  Cal.  87;  Busch  r.  Donohue,  31 
Mich.  481 ;  State  v.  Hastings,  11  Wis.  448;  Thompson  r.  Pierce, 
67  Ills.  281 ;  Gaston  v.  Scott,  5  Oreg.  48 ;  Ban-ett  v.  Brooks,  21 
Iowa,  144 ;  Fremont  Co.  v.  Railway  Co.,  22  id.  91 ;  Boynton  i'. 
Miller  22  id.  579;  Kettner  i'.  Story  Co.,  23  id.  35;  Railway  Co.  v. 
Brown,  40  id.  333  ;  Page  Co.  v.  Railway  Co.,  40  id.  520.  Decisions 
Sec.  Int.,  Dec.  23,  1851  (1  Lester's  L.  L.  549) ;  July  7,  1855 ;  Sept. 
18,  1855  (1  Lester's  L.  L.553);  Oct.  4, 1855  (lifL553);  Jan.  15,  1«56 
(lid.  555);  Dec.  19,  1H57  (lid.  557);  Oct.  24,  1658  (1  id.  562); 
Jan.  17,  1859  (1  id.  567);  April  20,  18.59  (1  id.  568);  May  21,  1859 
(1  id.  569);  June  23,  1859  (1  id.  569);  Aug.  1,  18o9  (1  id.  571); 
April  25,  1«62  ;  June  27,  1862;  April  19,  1877  (4  Copp's  L.  O.  92); 
May  5.  1877  (4  id.  63)  ;  Dec.  4,  1877  ;  May  2,  1878  (5  Copp's  L.  O. 
124) ;  Jan.  6,  1879 ;  Sept.  19,  1879 ;  April  5,  1830  (7  Copp's  L.  O. 
27).  Decisions  Com.  G.  L.  O.,  Dec.  21,  1853  (1  Lester's  L.  L.  551) ; 
Jan.  22,  1858  (1  id.  559) ;  Jan.  27,  1876  (2  Copp's  L.  O.  ISO).  Cir. 
G.  L.  O.,  Nov.  21,  1850(1  Lester's  L.  L.  543;  Zab.  L.  L.  317); 
April  8,  1854;  Feb.  11,  lfe56  (1  Lester's  L.  L.  545);  Jan.  5,  1872 
(Copp's  L.  L.  483),;  Jan.  15,  1874  {id,  472;  1  Copp's  L.  O.  41). 

Sec.  356.  In  making  out  lists  and  plats  of  the  lands  afore- .  Leg.nisubdivis 
said  all  legal  subdivisions,  the  greater  part  whereof  is  wet  JfifduniJtVfi  7u^* 
and  unfit  for  cultivation,  shall  be  inchuled  in  said  lists  and  tivntion. 
l)lats,  but  when  the  greater  part  of  a  subdivision  is  not  of 
that  character,  the  whole  of  it  shall  be  excluded  therefrom. 

9  Stat.  519 ;  R.  S.  2481.  French  v.  Fyan,  3  Otto,  169 ;  American  Emi- 
grant Co.  V.  Adams  Co.,  10  id.  61.  11  Op.  Att.  Gen.  467;  id.  July 
25,  1877,  in  manuscript.  Fletcher  v.  Pool,  20  Ark.  100;  Fuuk- 
houser t).  Peck,  67  Mo.  *0;  Keller  r.  Brickcy,  78  Ills.  133;  Owens 
V.Jackson,  9  Cal.  322;  Summers  v.  Dickinson,  9  W.  554;  Carder 
V.  Baxter,  28  id.  99;  Thornton  r.  Thompson,  m8  id.  602;  Hagar  v. 
Lucas,  29  id.  309 ;  Kcenan  v.  Griffith,  31  id.  462  ;  Keeuan  v.  Allen, 
33  id.  542  ;  Keenan  v.  Griffith,  34  id.  5w0 ;  Taylor  r.  Uuderhill,  40 
id.  471 ;  Read  v.  Caruthers,  47  id.  181 ;  Wright  v.  Carpenter,  47  id. 
436.  Decision  Sec.  Int.,  Oct.  13,  1876  (3  Copp's  L.  O.  119).  De- 
cisions Com.  G.  L.  O.,  Dec.  21,  18.53  (1  Lester's  L.  L.  .551);  Jan.  22, 
1858  (1  id.  .559) ;  Jan.  27,  1676  (2  Copp's  L.  O.  180).  Cir.  G.  L.  O., 
Nov.  21, 1850  (I  Lester's  L.  L.  543 ;  Zab.  L.  L.  317) ;  April  8,  1854 ; 
Feb.  11,  1856  (1  Lester's  L.  L.  545 ;  Zab.  L.L.320);  Jan.  15,  1874 
(Copp's  L.  L.  472).  Mauua]  of  Surveying  lustructious  (1  Lester's 
L.L.718). 


132  GENERAL    GKAXTS    TO    STATES    AND    TERRITORIES. 

inJi-mtiay   to      Sec.  3.~>7.  rpoii    i)ri)of  ]>y  tlio   aiiihorizod   n^oiit  of  tlic 
uLaV  h."«xT'''iHon  ^^^t.^»  beloio  the  Coiimiissioiior  of  the  General  Land  OlViee, 
•iii.j   i.v   iiiit.ii  that  any  of  the  hinds  ])nrehase(l  by  any  person  Iroin  the. 
"'*""  I'nited  States,  piior  to  March  third,  eif:chteen  linndred  and 

lifty  seven,  were  "swamp  hinds,"  within  the  true  intent  an<l 
nieaninjx  of  the  act  entith^l  '"An  act  to  enable  the  State  of 
Arkansas  and  other  St.ites  to  reclaim  the  awami)  lands 
within  their  linnts,"  approved  September  twenty-eight,  eijj:ht- 
een  hundred  and  lilty,  the  j)urehase  money  shall  be  paid  ov(»r 
to  the  State  wheri'in  said  land  is  situate;  and  when  the 
lands  have  been  located  by  warrant  or  scrip,  the  said 
State  shall  be  anthorizeil  to  locate  a  like  quantity  of  any  of 
tbe  i>ublic  lands  subject  to  entry,  at  one  dollar  and  twenty- 
live  cents  per  acre,  or  less,  and  i>atents  shall  issue  therefor. 
The  «lecision  of  the  Commissioner  of  the  General  Land  Office 
shall  be  tirst  api)roved  by  the  Secretary  of  the  Interior. 

10  Stat.  G:?4,  01)5 ;  11  id.  251 ;  R.  S.  2482.  American  Emigrant  Co.  v. 
Adams  Co.,  10  Otto,  61.  11  Op.  Att.  Gen.  407 ;  id.  July  25,  1«77,  in 
manuscript.  Fletcher  r.  Pool,  20  Ark.  100.  Decisions  Sec.  Int.,  July 
7,  1855  (1  Lester's  L.  L.  .%2);  Jan.  14,  18.")6  (1  id.  554) ;  Fob.  6, 
1801;  March  til,  1861;  May  8,  1861;  April  25,  1862;  March  12, 
1803;  April  23,  1860;  Feb.'8,  1868;  Juno  17,  1868;  Feb.  2.  1874 
(Copp's  L.  L.  480) ;  May  2,  1878  (5  Copp's  L.  O.  124) ;  June  6,  1878 
(5  jrf.  125);  Dec.  9,  1878  (7  id.  9) ;  April  0,  1880  (7  id.  28);  June 
88,  1880  (7  id.  70).  Cir.  G.  L.  O..  March  18,  1872  (Copp's  L.  L. 
479) ;  Jan.  22,  1877 ;  Aug.  12,  1878  (5  Copp's  L.  0. 173) ;  Feb.  17, 
1879  (7  id.  9). 

Patents  to  issue  Sec.  358.  The  President  of  the  United  States  shall  cause 
topu^bas^ers.^n.i  patents  to  be  issued  to  the  purchaser  or  purchasers,  locator 
locators  prior  to  yr  locatoFS,  who  Hiadc  entries  of  the  public  lands  claimed  as 

i8»iiLn''of  patent*  ,',  .,,  ...  ,  -^, 

to  st.atis,  itc.  swamp  lands,  either  with  cash  or  land  warrants,  or  scrip,  or 
imder  any  homestead  or  pre-emption  laws  prior  to  the  issue 
Proviso.  of  patents  to  the  State  or  States:  Provided,  That  in  all  cases 
where  any  State  throuji^h  its  constituted  authorities,  may 
have  sold  or  dispo.sed  of  any  tract  or  tracts  of  land  prior  to 
the  entry  sale  or  location  of  the  same  under  the  pre  emp- 
tion  or  other  laws  of  the  United  States,  no  patent  shall  l)e 
issued  by  the  President  for  such  tract  or  tracts  of  land,  until 
such  State  through  its  constituted  authorities,  shall  relea.se 
its  claim  thereto  in  such  form  as  shall  be  prescribed  by  the 
Secretary  of  the  Interior.  In  all  cases  where  such  State 
did  not  within  ninety  days  from  the  second  day  of  March, 
eighteen  hundred  and  fifty-five,  the  date  of  an  act  entitled 
"An  act  for  the  relief  of  i)urchasers  and  locators  of  swamp 
and  overflowed  lands"  through  its  constituted  authorities, 
return  to  the  General  Land  Office  of  the  United  States,  a 
list  of  all  the  lauds  sold  as  aforesaid,  together  with  the  dates 
of  such  sales  and  the  names  of  the  inirchasers,  the  Presi- 
dent shall  issue  patents  to  persons  who  made  such  entries 
of  the  public  lands  so  claimed  as  swamp  land. 

10  Stat.  634;  R.  S.  2483.     Dalo  r.  Turner,  34  Mich.  405.     Decisions 
Sec.  Int.,  Not.  18,  18.')6  (1  Lester's  L.  L.  5.56);  Nov.  1,  1«58  (1  id. 
■  563).     Decisions  Cora.  G.  L.  O.,  Jan.  2, 1858  (1  Lester's  L.  L.  557) ; 
May  5,  1874  (1  Copp's  L.  O.  39). 

Selection  of  Sec.  359.  All  lauds  selected  and  reported  to  the  General 
fllTw^.FiaSds'con'  Land  Office  as  swamp  and  overflowed  land  by  the  several 
til-rued.  States  entitled  to  the  provisions  of  said  act  of  September 


GENERAL    GEANTS    TO    STATES   AND    TERRITORIES.  133 

twenty-eight,  eighteen  hundred  and  fifty,  prior  to  March 
third,  A.  D.  eighteen  hundred  and  fifty-seven,  are  con- 
firmed to  said  States  respectively  so  far  as  the  same  remained, 
vacant  and  unappropriated  and  not  interfered  with  by  an. 
actual  settlement  under  any  law  of  the  United  States. 

11  Stat.  251 ;  R.  S.  24-^4.  Martin  r.  Maries,  7  Otto,  345.  11  Op.  Att. 
Gen.  4(37  ;  id.  July  25,  1877,  in  manuscript.  Funlvlioueer  v.  Peck, 
G7  Mo.  20  ;  Keeuau  v.  Allen,  33  Cal.  542 ;  Dale  r.  Turner,  34  Mich. 
405;  Davis  v.  Filer,  40  M.  310;  Fremont  Co.  v.  Railway  Co.,  22 
Iowa,  91;  American  Emigrant  Co.  v.  Railway  Co.,  47  id.  515; 
Gratbam  v.  Atkins,  (33  Ills.  357  ;  Smith  v.  Goodell,  66  id.  450.  De- 
cisions Sec.  Int.,  Jan.  8,  185rf  (1  Lester's  L.  L.  558) ;  Aug.  12, 1858 
(1  id.  561) ;  Nov.  1,  1858  (1  id.  563) ;  Dec.  10,  1858  (1  id.  565) ;  Feb. 
8,  1860 ;  March  26,  1881 ;  May  2,  1878  (6  Copp's  L.  O.  76) ;  June 
14,  1878. 

Sec.  360.  The  provisions  of  the  act  of  Congress  entitled    swamp-iaud 
"An  act  to  enable  the  State  of  Ai-kansas  and  other  States g^°Mi^£n^tf° 
to  redeem"  the  swamp  lands  within  their  limits,  approver! . 
September  twenty-eight,  A.  D.  eighteen  hundred  and  fifty, 
extend  to  the  States  of  Minnesota  and  Oregon  :   Provided,    Proviso. 
That  the  grant  shall  not  include  any  lands  which  the  Gov- 
ernment of  the  United  Stiites  may  have  sold  or  disposed  of 
under  any  law,  enacted  prior  to  March  twelve,  eighteen 
hundred  and  sixty,  prior  to  the  confirmation  of  title  to  be 
made  under  the  authority  of  said  act— and  the  selections 
to  be  made  from  lands  already  surveyed  in  each  of  the  States 
last  named,  under  the  authority  of  the  act  aforesaid,  shall 
have  been  made  within  two  years  from  the  adjournment  of 
the  legislature  of  each  State,  at  its  next  session  after  the 
twelfth  day  of  March,  A.  D.  eighteen  hundred  and  sixty — 
and  as  to  all  lands  surveyed  or  to  be  surveyed,  thereafter, 
within  two  years  from  such  adjournment,  at  the  next  ses- 
sion after  notice  by  the  Secretary  of  the  Interior  to  the 
go\'eruor  of  the  State,  that  the  surveys  have  been  completed 
and  coufii'med. 

12  Stat.  3  ;  R.  S.  2490.  Gaston  v.  Scott,  5  Oreg.  4-^.  Decisions  Sec. 
Int.,  Dec.  2,  1874  (Copp's  L.  L.  475) ;  Sept.  9,  1876  (3  Copp's  L.  O. 
99) ;  Oct.  13,  1876  (3  id.  119) ;  Dec.  2,  1876  (3  id.  172) ;  Dec.  4, 1877 
(4  id.  149) ;  June  6,  1879  (5  id.  179) ;  April  15,  1880  (7  id.  28) ;  June 
4,  1880  (7  id.  53). 

Sec.  301.  There  is  granted  to  the  several  States,  for  the    pulhc  lands, 
purposes  hereinafter  mentioned,  an  amount  of  public  land,  ^a^iiit^To'^tach 
to  be  apportioned  to  each  State  a  quantity  equal  to  thirty  ^^^JJ.*®  of^ii^h^ 
thousand  acres  for  each  Senator  and  Eepresentative  in  Con-  lisWug"  ap^icui- 
gress  to  which  the  States  are  respectively  entitled  by  the  ^'^"'  coUeges. 
apportionment  under  the  census  of  eighteen  hundred  and 
sixty:  Provided,  That  no  mineral  lands  shall  be  selected  or    ptovIso. 
l)urchased  under  the  provisions  of  this  grant. 

12  Stat.  503.  Cir.  G.  L.  O.,  May  4,  1863  (Zab.  L.  L.  445)  ;  July  20, 
1875  (Copp's  K  L.  486). 

Sec.  3G2.  The  land  aforesaid,  after  being  surveyed,  shall  AgrJcuitnrai- 
be  apportioned  to  the  several  StaU.'S  in  sections  or  subdivis-  I'^a u'ccTTilere 
ions  of  sections,  not  less  than  one-quarter  of  a  section ;  and  tiu  ro  is  "o  81'®: 
whenever  there  are  public  lands  m  a  State  subject  to  sale  i^u*"any  "^sutJ^o 
at  private  entry  at  one  dollar  and  twenty-five  cents  per  acre,  s^itiefy  tho  grant 
the  quantity  to  which  said  State  shall  be  entitled  shall  be 
selected  from  such  lands  within  the  limits  of  such  State,  and 


134  GENERAL    GRANTS    TO    STATES    AND    TERRITORIES. 

tlio  Secretary  of  tlie  Interior  is  horoby  diri'ctod  to  issue  to 
i';u:h  oftlio  States  in  which  tliere  is  not  the  (iiiantity  of  i)nl)- 
lie  huuls  subject  to  sale  at  jtrivate  entry  at  one  (h)lhir  and 
twenty-live  cents  i)er  acre,  to  which  said  State  may  be  en- 
titled under  the  i)rovisions  of  this  <;rant,  land  scrip  to  the 
amount  in  acres  for  the  deliciency  of  its  distributive  share: 
said  scrip  to  be  sold  by  said  States  and  the  ))roceeds  thereof 

eiie8*^"ba!>*!»*iv'^l'J'^'*^'*^  ^*'  ^'''''  "'''^'^  *"'*'  i)urposes  prescribed  by  this  j;rant, 

piled.  '  and  for  no  other  use  ov  purpose  whatsoever:  FrovUlcd,  That 

in  no  case  shall  any  State  to  which  land  8cri[)  may  thus  be 

issued  be  allowed  {o  locate  the  sarae  within  the  limits  of  any 

other  State,  or  of  any  Territory  of  the  United  States,  but  their 

Assisuecs  o  1" ussijiuees  may  thus  locate  sai<l  land  scrii)  upon  any  of  the 

State  to  i«-'^'t^"nnapi)ropriated  lands  of  the  United  States  subject  to  sale 

at  private  entry  at  one  dollar  and  twenty-tive  cents,  or  less, 

per  acre,  or  shall  be  i'e(!eived  from  actual  settlers  in  pay- 

Mav  be  located  ment  of  pre-cmptiou  claims  in  the  same  manner  and  to  the 

o?  n-ceTveVfrmu  •■^'^''1^^  cxtcut  as  is  HOW  authorized  by  law  in  case  of  military 

pre-emption  set-  bountylaud  warrants:  Provided  further,  That  not  more  than 

fo'r'Th'Jir'iaiX!"  ouc  milliou  acrcs  shall  bo  located  by  such  assignees  in  any 

Limitations,     ouc  of  the  Statcs,  and  not  more  than  three  sections  of  land 

in  any  one  township  shall  be  entered  with  said  scrip,  and 

no  location  made  prior  to  July  second,  eighteen  hundred 

and  sixty-three,  shall  be  valid. 

1-2  Stat.  504  ;  15  id.  227  ;  IG  id.  18G  ;  R.  S.  2278.  Decision^  Com.  G. 
L.  O.,  Jan.  no,  1873  (Copp's  Mg.  Dec.  157).  Cir.  G.  L.  O.,  Mav 
4,  I8(i:5  (Zab.  L  L.  445);  Aii-x.  — ,  1868  {id.  448);  .July  2-.',  1870 
(Copp's  L.  L.  704);  .Jan.  5,  l.i72  (id.  48:5);  Feb.  8,  1872  {id.  705) ; 
Jime  17,  1875  (id.  170) ;  July  20,  1875  {id.  48G;  2  Copp's  L.  O.  00). 
Goiic'ial  Cir.  G.  L.  O.,  Sept.  1,  1870,  p.  7. 

Expenses  of  Sec.  3G3.  All  the  expenses  of  management,  superintend- 
&(f"toSe''midbv^"^*^'  '"^^^  taxes  from  date  of  selection  of  said  lauds,  previ- 
State3.  '  ous  to  their  sales,  and  all  exi)euses  incurred  in  the  manage- 

ment and  disbursement  of  the  moneys  which  may  be  re- 
ceived therefrom,  shall  be  paid  by  the  States  to  which  they 
may  belong,  out  of  the  treasury  of  said  States,  so  that  the 
entire  proceeds  of  the  sale  of  said  lands  shall  be  applied 
without  any  diminution  whatever  to  the  purj)oses  herein- 
after mentioned. 

12  Stat.  504. 

Moneys  from     Sec.  3G4.  All  moucys  derived  from  the  sale  of  the  lands 

ecrip'tobe^nvest'^  aforesaid  hx  the  States  to  which  the  lands  are  apportioned, 

ed  and  interest  and  from  the  salcs  of  hiud  scrip,  shall  be  invested  in  stocks  of 

pwt^of  coViele^o'f  the  Uuitcd  States,  or  of  the  States,  or  some  other  safe  stocks, 

t?e'^me"ch^°'^^^^^^^"^S."  "ot  Icss  than  livc  i)er  centum  upon  the  par  value 

art3.  of  said  stocks;  and  the  money  so  invested  shall  constitute 

a  perpetual  fuud,  the  capital  of  which  shall  remain  forever 

undiminished,  except  as  herein  provided,  and  the  interest 

of  which  shall  be  inviolably  ai)propriated,  by  each  State,  to 

the  endowment,  sup])ort,  and  maintenance  of  at  least  one 

college  where  the  leading  object  shall  be,  without  excluding 

other  .scientific  and  classical  studies,  and  including  military 

tactics,  to  teach  such  branches  of  learning  as  are  related  to 

agriculture  and  the  mechanic  arts,  in  such  manner  as  the 

legislatures  of  the  States  may  respectively  prescribe,  in 

order  to  promote  the  liberal  and  practical  education  of  the 


GENERAL  GRANTS  TO  STATES  AND  TERRITORIES.     135 

industrial  classes  in  the  sev'eral  j)ursuits  and  professions  in 
life. 

12  Stat.  504. 

Sec.  305,  The  grant  of  land  and  land  scrip  hereby  author-    Couditjons  of 
ized  shall  be  made  on  the  following  conditions,  to  which,  asg[^°g^  ''^'^*^'^*  °^ 
well  as  to  the  ])rovisious  hereinbefore  contained,  the  previ- 
ous assent  of  the  several  States  shall  be  signified  by  legis- 
lative acts: 

First.  If  any  portion  of  the  fund  invested,  as  provided  by    Diminution  of 
the  preceding  section,  or  any  portion  of  the  interest  thereon,  uJTby^state."^''*^^ 
shall,  by  any  action  or  contingency,  be  diminished  or  lost, 
it  shall  be  replaced  by  the  State  to  which  it  belongs,  so  that 
the  capital  of  the  fund  shall  remain  forever  undiminished ; 
and  the  annual  interest  shall  be  regularly  applied  without  Auuuaiinterost 
diminution  to  the  i)ur])oses  mentioned  in  this  grant,  except  Jj°,|^'j;^i'P^^'-''^^''^'S- 
that  a  sum,  not  exceeding  ten  per  centum  upon  the  amount 
received  by  any  State,  may  be  expended  for  tlie  i^urchase  of 
lauds  for  sites  or  experimental  farms,  whenever  authorized 
by  the  respective  legislatures  of  said  States. 

12  Stat.  504. 

Second.  jS"o  portion  of  said  fund,  nor  the  interest  tliereon,  ^  ^p'>J'^°''|^*°  ^^ 
shall  be  af>plied,  directly  or  indirectly,  under  any  pretence  buildings. 
whatever,  to  the  purchase,  erection,  in^eservation,  or  reiDair 
of  any  building  or  buildings. 
12  Stat.  504. 

Third.  Any  State  claiming  the  benefit  of  the  provisions    CoUege  to  be 
of  this  grant  shall  provide,  on  or  before  July  first,  eighteen  ev™ret\ind™°to 
hundred  and  seventy -four,  not  less  than  one  college,  or  the  ^^'^^'^  ^'•■^^®^- 
grant  to  such  State  shall  cease;  and  said  State  shall  be 
bound  to  pay  the  United  States  the  amount  received  of  any 
lands  previously  sold,  and  the  title  to  purchasers  under  the 
State  shall  be  valid. 

12  Stat.  504  ;  13  id.  47 ;  14  id.  208 ;  17  id.  416,  417. 
Fourth.  An  annual  report  shall  be  made  regarding  the    Annuaireporta 
progress  of  each  college,  recording  any  improvements  and  "  *^  '^^^^' 
experiments  nmde,  with  their  cost  and  results,  and  such 
other  matters,  including  State  industrial  and  economical 
statistics,  as  may  be  supposed  useful ;  one  copy  of  which 
shall  be  transmitted  by  mail  free,  by  each,  to  all  the  other 
colleges  which  may  be  endowed  by  this  grant,  and  one  cojiy 
to  the  Secretary  of  the  Interior^ 

12  Stat.  505. 
Fifth.  When  lands  shall  bo  selected  from  those  which    Computatioa 

,  I  -liTiTji  ••  ..  wheudoublo-mm- 

have  been  raised  to  double  the  mmimum  price,  in  conse-  imuin  bmda  are 
quence  of  railroad  grants,  they  shall  be  computed  to  the  selected. 
States  at  the  maximum  price,  and  the  number  of  acres  pro- 
portionally diminished. 

12  Stat.  505. 

Sixth.  No  State  while  in  a  condition  of  rebellion  or  insur-  iio?**ot 'entithi 
rectiou  against  the  Government  of  the  United  States  shall  to bonofitotgi ant. 
be  entitled  to  the  benefit  of  this  grant.  lobsoiote.] 

12  Stat.  505. 


13r>  GENT.ILVL    GRANTS    TO    STATES    AXD    TERRITORIES. 

Ae^niorstatc      Sovoiitli.  No  Stutc  sluill  bo  outitloil  \o  the  bi'iiofits  <»1  tliis 
toJuiywtiVI.'^"'^'"'"'^  ""l*'^'"*  '^  shall  have  cxpicsscd  its  ac'i'ci)tanc('  tlicrcof 
l)y  its  loi;islatui\'  on  or  bt'lbro  July  lirst,  ('ij;ht.ccn  luuuhvd 
aiul  seventy  lour. 

I'J  Stat.r.Or.;  i:<  id.  47;  14  id.  208;  17  id.  4U),  ill. 

F(x>« »«" iiuiii of-     Sec.  3Gti.  The  land  oflicens  shall  receive  the  same  fees  for 
'^*^*  locatiiifT  ajxiieultural-eollege  scrij)  as  are  now  allowed  for 

the  location  of  military  bounty-land  warrants  rnider  exist- 
in-;  laws:  Proridcd,  Their  maximum  cxunjiensation  shall  not 
be  thereby  increiised. 
12  Stat.  r)05. 

Governors  of     Sec.  3G7.  Thc  govcrnoFS  of  thc  several  States  to  which 

^uaUy"to*u^u- scrip  shall  be  issued  under  this  grant  shall  be  required  to 

grea*.  "  rej»ort  annually  to  Congress  all  sales  made  of  such  scrip 

until  the  whole  shall  be  disposed  of,  the  amount  receivtid 

for  the  same,  and  what  appropriation  has  been  made  of  the 

I)roceeds. 

12  Stat.  505. 

New  States  en-  Sec.  3G8.  Whcu  any  Territory  shall  become  a  State  and 
of^^inu  ^^''**®  be  admitted  into  thc  Union,  such  new  State  shall  be  entitlctl 
to  the  benefits  of  this  grant,  by  expressing  the  accei)tauce 
therein  required  within  three  years  from  the  date  of  its  ad- 
mission into  the  Union,  and  providing  the  college  or  colleyfes 
within  five  years  after  such  acceptance, 

14  Stat.  208,  209.     Cir.  G.  L.  O.,  May  4,  1863  (Zab.  L.  L.  445). 

XeY^amaysc-     ^j^Q.  369.  The  State  of  Nevada  is  authorized  to  select  the 

iS'nm  "iLi(rs°l!«t  alternate  even-nnmbered  sections  within  the  limits  of  any 

mineral.  niihoad  grant  in  said  State,  iu  satisfaction  of  her  grant  of 

lands  under  the  act  of  July  second,  eighteen  hundred  and 

sixty-two,  and  acts  amendatory  thereof,  but  this  privilege 

shall  not  extend  to  lands  ui)on  which  there  may  be  any 

rightful  claims  under  the  i)re-emption  and  homestead  laws; 

and  if  lands  be  selected,  the  minimum  price  of  which  is  two 

dollars  and  fifty  cents  per  acre,  each  acre  so  selected  shall  l>e 

taken  by  the  State  in  satisfaction  of  two  .acres,  the  minimum 

price  of  which  is  one  dollar  and  twenty-five  cents  per  acre; 

but  lands  valuable  for  mines  of  gold,  silver,  quicksilver,  or 

(•>opper  shall  not  be  selected  in  satisfaction  of  this  grant. 

12  Stat.  503,  504,  505 ;  15  id.  07,  08. 

Selection  of     Sec.  370.  Tlic  lands  granted  to  thc  State  of  California  for 
cSifoS^^  *"the  establishment  of  an  agricultural  college  by  the  act  of 
July   second,  eighteen   hundred  and    sixty-two,  and   acts 
amendatory  thereto,  may  bo  selected  by  said  State  from 
any  lands  within  said  State  subject  to  prc-emi)tion,  settle- 
ment, entry,  sale,  or  locution,  under  any  laws  of  the  United 
States.     Such  selection  may  be  made  in  any  legal  subdivis- 
ions, adjoining  by  sides,  so  as  to  constitute  bodies  of  not  less 
than  one  hundred  and  sixty  acres ;  or  they  may  be  made  in 
separate  subdivisions  of  forty,  eighty,  or  one  hundred  and 
prMk^s^fsei^  twenty  acres,  respectively:  Provided,  That  this  i)ri\ilege  shall 
tion.  not  extend  to  lands  upon  which  there  may  be  rightful  claims 

iin^n)'^''iln!is'"aro ^^<^cr  the  preem])tion  and  homestead  laws,  nor  to  mineral 
-mirctod.  state  to  lands:  Providcd  further,  That  if  lands  be  selected  as  afore- 
^pid<^.  said,  the  minimum  price  of  which  is  two  dollars  and  fifty 


GENERAL  GRANTS  TO  STATES  AND  TERRITORIES.     137 

cents  per  acre,  they  shall  be  taken  acre  for  acre  in  part  sat- 
isfaction of  the  grant,  and  the  State  of  California  shall  pay 
to  the  United  States  the  sum  of  one  dollar  and  twenty-live 
cents  per  acre  for  each  acre  so  selected,  when  the  same  shall 
be  patented  to  the  State  by  the  United  States:  Provided    wiiei-e  larda 
further,  That  where  lands  sought  to  be  selected  for  the  agri-  ie"tlli*a^o  una^ 
cultural  college,  are  unsurveyed,  the  proper  authorities  of  veyed. 
the  State  shall  tile  a  statement  to  that  effect  with  the  regis- 
ter of  the  United  States  land  office,  describing  the  land  by 
township  and  range,  and  shall  make  application  to  the 
United  States  surveyor-general  for  a  survey  of  the  same^    survey, 
the  expenses  of  the  siu'vej"  for  field  work  to  be  paid  by  the 
State,  i^rovided  there  be  no  appropriation  by  Congress  for 
that  purjjose.    The  United  States  surveyor-general,  as  soon 
as  i^racticable,  shall  have  the  said  lands  survej'cd  and  the 
township  plats  returned  to  the  United  States  land  office, 
and  lands  so  surveyed  and  returned  shall,  for  tliirty  days 
after  the  filing  of  the  plats  in  the  United   States   land 
office,  be  held  exclusively  for  location  for  the  agricultural  iioc»tioDs,when 
college,  and  within  said  thirty  days  the  proper  authorities  """^  ^"^  ™^'^*'- 
of  the  State  shall  make  api)lication  to  the  United  States 
land  office  for  the  lands  sought  to  be  located  by  sections 
and  parts  of  sections :  Provided,  That  any  rights  under  the    Pre-emption 
pre-emption  or  homestead  laws,  acquired  prior  to  the  filing  rr/ht's^not*!^ 
of  the  required  statement  with  the  register,  shall  not  be  im-  focted. 
jKiired  or  affected  by  this  act:  Provided  further,  That  such   Selections,  how 
selections  shall  be  made  in  cA'ery  other  respect  subject  to*^^*™^*^®' 
the  conditions,  restrictions,  and  limitations  contained  in  the 
acts  hereby  modified. 

12  Stat.  503,  504,  505 ;  15  id.  67,  G8 ;  16  id.  581.  Decisions  Sec.  Int., 
Nov.  2,  1871  (Copp's  L.  L.  44:?).  Cir.  G.  L.  O.,  Maxell  23,  1871 
(Copp's  L.  li.  440) ;  July  8,  1873  (id.  441). 

Sec.  371.  The  lands  granted  to  the  State  of  Oregon,  for    Laroia  granted 
the  establishment  of  an  agricultural  college,  by  act  of  July  ^dcuftTrai"^^?- 
second,  eighteen  hundred  and  sixty-two,  and  acts  amenda- i^f^seiectionaof. 
tory  thereto,  may  be  selected  by  said  State  from  any  lands 
within  said  State  subject  to  homestea<l  or  pre-emption  entry 
under  the  laws  of  the  United  States;  and  in  any  case  where 
land  is  selected  by  the  State,  the  price  of  which  is  fixed  by    jf  dauute-min- 
law  at  the  double  miuimuin  of  two  dollars  and  fifty  cents  jm"m  land  is  se- 
I)cr  acre,  such  land  shall  be  counted  as  double  the  quantity  to<iount°doiibi^.' 
toward  satisfying  the  grant. 

12  Stat.  503,  504,  505 ;  17  id.  217,  218. 

Sec.  372.  Any  such  selections  made  by  said  State  prior    Sffiwflons  w)n- 
to  June  fourth,  eighteen  hundred  and  seventy-two,  are  con-  y^^  ]o:^,riiy''i!i>- 
finned,  except  so  far  as  they  may  conflict  witli  any  adverse  propiiated. 
legal  right  existing  on  that  date :  Provided,  That  the  State    i^oviso. 
shall  not  receive  more  than  ninety  thousand  acres,  the  quan- 
tity granted  by  the  act  of  July  second,  eighteen  hundred 
and  sixty-two :  Provided  also.  That  such  lands  shall  not  be 
sold  by  said  State  for  less  than  two  dollars  and  fiity  cents 
lX5r  acre;  and  where  settlement  is  made  upon  the  same,  i)ref- 
erence  in  all  cases  shall  be  given  to  actual  settlers  at  the 
price  for  which  said  lands  may  be  offered. 

12  Stat.  503,  501,  505 ;  17  id.  217,  218. 


138  GENERAL    GRANTS    TO    STATKS    AND    TERRI'lORIES. 

Loc  it  ions  in  ox.     Sec.  .'IT.'?.  All  loiMtioiis  of  nijricnltural-collcgo  scrii)  made 

«ntfwl!^VS"u>^' '''•''  ^'''I'y  *l=i>s  ;iltor  the  date  of  the  approval  of  the  act 

cd.  of  .July  twonty-sovon,  oiiilitccn   liuiuhvil   and   sixty-eight, 

if  ot  lu'iwi.so  in  conformity  with  law,  are  hereby  legalized  and 

made  valid. 

IC.  Stilt.  ISG. 

[NoTK. — This  .net  w.as  dosiijnod  to  cure  selections  in  excess  of  thrco 

sections  to  a  townshij),  which  had  been  made  by  pnrties  in  ignoranco 

of  the  limitation  contained  in  the  act  of  July 'J7,  1868;  1.5  Stat.  227.] 

Certaiu  oxcoss  Sec.  374.  All  locatious  of  agricultural-college  scrip  allowetl 
consiuMn^mea!  P^'ioi"  ^^  December  lirst,  eighteen  hundred  and  sixty-seven, 
at  the  several  land  cilices  in  the  State  of  Wisconsin,  in  ex- 
cess of  the  maximum  quantity  authorized  by  the  act  of  July 
second,  eighteen  hundred  and  sixty-two  are  hereby  legal- 
ize<l ;  and  the  Commissioner  of  the  General  Land  Office  is 
authorized  to  issue  patents  upon  such  locations :  Provided, 
The  same  shall  be  in  all  other  respect  legal  and  valid. 
IG  Stat.  IK). 

Reissue  of  ag-  Sec.  375.  The  provisioDS  of  the  act  of  Congress  of  June 
ncndturai^uogo  twenty-third,  eighteen  hundred  and  sixty,  relating  to  the 
reissue  of  laud  warrants  in  certain  cases,  are  hereby  ex- 
tended so  as  to  include  the  reissue  of  agricultural-college 
land  scrip,  lost,  cancelled  or  destroyed  without  the  fault  of 
the  owner  thereof,  under  sucli  rules  and  regulations  as  the 
Secretary  of  the  interior  may  prescribe. 

12  Stat.  90,91:  18  id.  111.  Cir.  G.  L.  O.,  Aug.  20,  1875  (Copp's  L. 
L.  486  ;  1  Copp's  L.  O.  108). 

setiiementsbo-  Sec.  370.  Where  settlements,  with  a  view  to  pre-emption, 
leotiouViGorGcllifive  bccu  made  before  the  survey  of  the  lands  in  the  field, 
deficioncies  which  are  found  to  have  been  made  on  sections  sixteen  or 
thirty-six,  those  sections  shall  be  subject  to  the  pre-emption 
claun  of  such  settler;  and  if  they,  or  either  of  them,  have  been 
or  shall  be  reserved  or  pledged  for  the  use  of  schools  or  col- 
leges in  the  State  or  Territory  in  which  the  lands  lie,  other 
lands  of  like  ciuantity  are  appropriated  in  lieu  of  such  as 
may  be  patented  by  pre-emptors  ;  and  other  lauds  are  also 
appropriated  to  compensate  deficiences  for  school  purposes, 
where  sections  sixteen  or  thirty-six  are  fractional  in  quan- 
tity, or  where  one  or  both  are  wanting  by  reason  of  the  town- 
ship being  fractional,  or  from  any  natural  cause  whatever. 

11  Stat.  385;  18  id.  202;  R.  S.  2275.  Minnesota  v.  Bachelder,  1 
^Vall.  109 ;  Shennan  v.  Buick,  .i  Otto,  209 ;  Water  and  Mining 
Co.  V.  Bugbee,  6  id.  165.  Minnesota  v.  Bachelder,  7  Minn.  121 ; 
Lavton  v.  Farrell,  11  Nev.  451 ;  Railway  Co.  v.  Robinson,  49  Cal. 
446.  Decisions  Sec.  Int.,  March  14,  1862;  March  28,  1873  (Copp's 
L.  L.  483) ;  March  10,  1876 ;  April  12,  1879.  Decision  Com.  G.  L. 
O.,  Juno  13,  1879  (G  Copp's  L.  O.  153).  Cir.  G.  L.  O.,  May  17, 
1844  (1  Lester's  L.  L.  492);  Aug.  21,  1862  (Copp's  L.  L..437). 

Selection!,  to     Sec.  377.  The  lauds  appropriated  by  the  preceding  sec- 

de^^'of  s^chToition  shall  be  selected,  within  the  same  land  district,  in  ac- 

landa.  cordaucc  with  the  following  principles  of  adjustment,  to  wit : 

For  each  township,  or  fractional  township,  containing  a 

greater  quantity  of  land  than  three-quarters  of  an  entire 


GENERAL    GRANTS    TO    STATES   AND    TERRITORIES.  139 

township,  one  section ;  for  a  fractional  township,  containing 
a  greater  quantity  of  land  than  one-half,  and  not  more  than 
three-quarters,  of  a  township,  three-quarters  of  a  section ; 
for  a  fractional  township,  containing  a  greater  quantity  of 
hind  than  one-quarter,  and  not  more  than  one-half,  of  a 
township,  one-half  section ;  and  for  a  fractional  township, 
coutaiuing  a  greater  quantity  of  land  than  one  entire  sec- 
tion, and  not  more  than  one-quarter  of  a  township,  one 
quarter-section  of  land. 

4  Stat.  179;  11  id.  385;  18  id.  202;  R.  S.  2-276.  Decision  Sec.  lut.. 
Dec.  2,  ld7G  (3  Copp's  L.  O.  172).  Cir.  G.  L.  O.,  Mav  17,  1844  (1 
Lester's  L.  L.  41)2) ;  Aug.  21,  1862  ((Jopp's  L.  L.  437) ;  Jan.  5, 
1872  {id.  483). 

Sec.  378.  Where  lands  have  been  or  may  hereafter  be  roo-simpie  to 
granted  by  any  law  of  Congress  to  any  one  of  the  several P^^^nM  testates 
States  and  Territories,  and  where  such  law  does  not  convey  and  Territonea. 
the  fee-si mi)le  title  of  the  lauds,  or  require  patents  to  be 
issued  therefor,  the  list  of  such  lands  which  have  been  or 
may  hereafter  be  certified  by  the  Commissioner  of  the  Gen- 
eral Land  OfQce,  under  the  seal  of  his  ofSce,  either  as  orig- 
inals or  copies  of  the  originals  or  records  shall  be  regarded 
as  conveying  the  fee-simi:)le  of  all  the  lands  embraced  in 
such  lists  that  are  of  the  character  contemplated  by  such  act 
of  Congress,  and  intended  to  be  granted  thereby ;  but  where 
lands  embraced  in  such  lists  are  not  of  the  character  em- 
bi  aced  by  such  acts  of  Congress,  and  are  not  intended  to  be 
granted  thereby,  the  lists,  so  far  as  these  lands  are  con- 
cerned, shall  be  perfectly  null  and  void,  and  no  right,  title, 
claim,  or  interest  shall  be  conveyed  thereby. 

10  Stat.  346;  18  id.  475;  R.  S.  2449.  Sliepley  v.  Cowau,  52,  Mo. 
559.  Decisions  Sec.  Int.  (5  Copp's  L.  O.  158);  Jan.  28,  1880  (6id. 
193). 

Sec.  379.  From  and  after  the  thirty-first  day  of  December,    Certain  states 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-  ll^l  on  net'^p'ro^ 
one,  there  shall  be  allowed  and  paid  to  each  of  the  Statesof  ceeds  of  sales  of 
Ohio,  Indiana,  Illinois,  Alabama,  Missouri,  Mississippi,  Lou-  thoiein,''&c^" 
isiaua,  xirkansas,  and  Michigan,  over  and  above  what  each 
of  the  said  States  is  entitled  to  by  the  terms  of  the  compacts 
entered  into  between  them  and  the  United  States,  upon 
their  admission  into  the  Union,  the  sum  of  ten  per  centum 
upon  the  net  proceeds  of  the  sales  of  the  public  lands,  which, 
subsequent  to  the  day  aibresaid,  shall  be  made  within  the 
limits  of  each  of  said  States  respectively :  Provided,  That    Proviso, 
the  sum  so  allowed  to  the  said  States,  respectively,  shall  be 
in  no  wise  affected  or  diminished  on  account  of  any  sums 
which  have  been  heretofore,  or  shall  be  hereafter,  api^lied 
to  the  construction  or  continuance  of  the  Cumberland  road, 
but  that  the  disbursements  for  the  said  road  shall  remain, 
as  heretofore,  chargeable  on  the  two  per  centum  fund  pro- 
vided for  by  compacts  with  several  of  the  said  States. 

5  Stat.  453.  Decision  Com.  G.  L.  O.,  June  23,  1842.  Decision  First 
Compt.  of  Tieas.,  Oct.  10,  1842. 

Sec.  380.  After  deducting  the  said  ten  per  centum,  and  Afterdeducting 
what,  by  the  compacts  aforesaid,  has  heretofore  been  allowed  ^^'^  Jeslduo'tob^ 
to  the  States  aforesaid,  the  residue  of  the  net  i^roceeds,  ditided  amonR 


140  GENEKAL    CHANTS    TO    STATES    AND    TERRITORIES. 

th,>  st«t,«,  \x..  wliit'h  net  proceeds  sball  bo  a.soortained  by  tleductiiift'  from 
hfJ.^''  ^'"'''"=tlu>  .uross  prociH'ds  all  the  cxpciulituivs  of  the  year  for  tlu3 
folh)\vinjj:  objects:  Salaries  and  expenses  on  aecoiint of  tlio 
Geiu'ral  Land  Oilice;  exi)enses  for  snrveyin^  pnblie  lands; 
salarit's  and  ex])enses  in  the  sarveyor-^^cneral's  oliices  ;  sala- 
ries, eouiniissions,  and  allowane^'s  to  the  reji;isters  and  re- 
ceivers; the  live  i)ercenlnni  to  new  States,  of  all  the  ])ul)lic 
lands  of  the  United  States,  wherever  situated,  which  shall 
be  sold  subsequent  to  the  said  thirty-first  day  of  December, 
shall  be  divided  among  the  twenty-six  States  of  the  Uuijon 
To  Ihj  appttwi  and  the  District  of  Columbia,  and  the  Territories  of  Wiscon- 
lurfs mtiy  dii-t^*-^^^'  I*^^^'*?  '"^^1  Florida,  accordlu*^  to  their  respective  federal 
representative  population  as  ascertained  by  the  last  c^isus, 
to  be  applied  by  the  lesi^lJitures  of  the  said  States  to  soch 
Proviso.  purposes  as  the  said  legislatiu'es  may  du'cct :  Provided,  That 

the  distributive  share  to  which  the  District  of  Columbia 
shall  be  entitled,  shall  be  applied  to  free  schools,  or  education 
in  some  other  form,  as  Congress  may  direct:  And  provided^ 
also,  That  nothing  herein  contained  shall  be  construed  to 
the  prejudice  of  future  api)licatious  for  a  reduction  of  tlie 
price  of  the  public  lands,  or  to  the  prejudice  of  applications 
for  a  transfer  of  the  public  lands,  on  reasonable  terms,  to 
the  States  within  which  they  lie,  or  to  make  such  future  dis- 
position of  the  public  lauds,  or  any  part  thereof,  as  Congress 
may  deem  expedient. 

5  Stat.  453.     Decision  Com.  G.  L.  O.,  Juuo  23,  1842,     Decision  First 
Compt.  of  Trcas.,  Oct.  10,  1842. 

Netprocofdsof     Sec.  381.   The  several  sums  of  money  received  in  the 
faid*  pava'bio  at  Treasury  as  the  net  proceeds  of  the  sales  of  the  i)ublic  lands 
theTrea^uryhaif  giiaii  ijy  paid  at  the  Treasury  half-yearly  on  the  first  day  of 
year  y,  to  u    m.  j^j^^j^j-y  j^^^j  July  in  cach  year,  during  the  operation  of  this 
act,  to  such  person  or  persons  as  the  respective  legislatures 
of  the  said  States  and  Territories,  or  the  governors  thereof, 
in  case  the  legislatui-es  shall  have  made  no  such  appoint- 
ment, shall  authorize  and  direct  to  receive  the  same. 
5  Stat.  454 
Monrydne.-md     Sec.  382.  Any  sum  of  moncy,  which  at  any  time  may 
S^t^to  be  first*ap*  become  due,  and  payable  to  any  State  of  the  Union,  or  to 
Sf*^d'-°btWu'e^^®  District  of  Columbia,  by  virtue  of  this  act,  as  the  por- 
unit*d  States,     tiou  of  the  Said  State  or  ^District,  of  the  proceeds  of  the  sales 
of  the  public  lands,  shall  be  first  applied  -to  the  i)ayraent  of 
any  debt,  due,  and  i>ayable  from  the  said  State  or  District, 
Proviso.  to  the  United  States:  Provided,  That  this  shall  not  be  con- 

strued to  extend  to  the  sums  deposited  with  the  States  under 
the  act  of  CougTess  of  twenty-third  June,  eighteen  hundred 
and  thirty-six,  entitled  ''An  act  to  regulate  the  deposits  of 
the  public  money,"  nor  to  any  sums  apparently  due  to  the 
United  States  as  balances  of  debts  growing  out  of  the  trans- 
actions of  the  revolutionary  war. 

5  Stat  454. 

Lenjrth  of  con-     Sec.  383.  This  act  shall  continue  and  be  in  force  until 

^^^tion  of  this  otherwise  provided  by  law,  unless  the  United  States  shiill 

become  involved  in  war  with  any  foreign  power,  in  whixjh 

event,  from  the  commencement  of  hostilities,  the  four  i)re- 

ceding  sections  of  this  act  shall  be  suspended  during^the 


GENERAL    GRANTS    TO    STATES    AND    TERRITORIES.  141 

coirtin nance  of  such  war:  Provided,  nevertheless,  That  if,  Proviso, 
prior  to  the  expiration  of  this  act,  any  new  State  or  States 
shall  be  admitted  into  the  Union,  there  be  assigned  to  such 
new  State  or  States,  the  proportion  of  the  proceeds  accruing 
after  tbeir  admission  into  the  Union,  to  which  such  State  or 
States  may  be  entitled,  upon  the  i^rinciples  of  this  act, 
together  with  what  such  State  or  States  may  be  entitled  to 
by  virtue  of  compacts  to  be  made  on  tlieir  admission  into 
the  Union. 

5  Stat.  454. 

Sec.  384.  There  shall  be  annually  appropriated  for  com-    Not  less  than 
pleting  the  surveys  of  said  lands,  a  sum  not  less  than  one  ^^lirf^te^  ^^^^qP; 
hundred  and  fifty  thousand  dollars;   and  the  minimum aUyfiw surveys. 
price  at  which  the  public  lands  are  now  sold  at  iirivate  sale 
shall  not  be  increased,  unless  Congress  shall  think  proper 
to  grant  alternate  sections  along  the  line  of  any  canal  or 
other  internal  improvement,  and  at  the  same  time  to  increase 
the  minimum  price  of  the  sections  reserved;  and  in  case 
the  same  shall  be  increased  by  law,  except  as  aforesaid,  at 
any  time  during  the  operation  of  this  act,  then  so  much  of 
this  act  as  provides  that  the  net  proceeds  of  the  sales  of  the 
public  lauds  shall  be  distributed  among  the  several  States, 
shall,  from  and  after  the  increase  of  the  minimum  price 
thereof,  cease  and  become  utterly  null  and  of  no  effect,  any- 
thing in  this  act  to  the  contrary  notwithstanding:  Provided,    Proviso. 
That  if,  at  any  time  during  the  existence  of  this  act,  there 
shall  be  an  imposition  of  duties  on  imports  inconsistent  with 
the  pro\ision8  of  the  act  of  March  second,  one  thousand  ' 

eight  hundred  and  thirty-three,  entitled  "An  act  to  modify 
the  act  of  the  fourteenth  of  July,  one  thousand  eight  hun- 
dred and  thirty-two,  and  all  other  nets  imposing  duties  on 
imports,"  and  beyond  the  rate  of  duty  fixed  by  that  act,  to 
wit :  twenty  per  cent,  on  the  value  of  such  imports,  or  any 
of  them,  then  the  distribution  provided  in  this  act  shall  be 
suspended  and  shall  so  continue  until  this  cause  of  its  sus- 
l>eiision  shall  be  removed,  and  when  removed,  if  not  pre- 
vented by  other  provisions  of  this  act,  such  distribution 
shall  be  resumed. 

5  Stilt.  454. 

Sec.  385.  Wlienever  any  State  shall  have  been  or  may    Amount  due  on 
be  in  default  for  the  payment  of  interest  or  principal  on  b^'^unfuMi^smls 
investments  in  its  stocks  or  bonds,  held  by  the  United  J"  trust,  to  bo 
States  in  trust,  it  shall  be  the  duty  of  the  Secretary  of  the  states*^  iu  case^f 
Treasury  to  retain  the  whole,  or  so  nuich  thereof  as  may  be  ^^^f-^]^^^  "{  p''"- 
necessary,  of  the  percentage  to  winch  suc:i  State  may  be 
entitled,  ot  the  proceeds  of  the  sales  of  the  public  lands 
within  its  limits,  and  apply  the  same  to  the  payment  of  said 
interest  or  principal,  or  to  the  reimbursement  of  any  sums 
o£  money  expended  by  the  United  States  for  that  purpose. 
5  Stat.  801. 

NoTK. — For  all  special  laws  granting  lanrlsor  the  not  proceeds  thereof 
to  the  several  States  for  any  puriiose,  see  ' '  Local  aud  Temporary  Laws," 
under  the  caption  of  each  State. 


CHAP  T  E  R   T II I  R  T  E  E  N . 


MINERAL  LANDS. 


Soc 

3S6.  Minoral  lands  rosorvoil. 

3^.  Minoial  lands  open  U^  purchase  by 
citizens. 

;J8c".  Loni^tli  of  mining  claims  npon  veins 
or  lode*;. 

3S9.  Proof  of  citizenship. 

390.  Locators'  riglits  of  possession  and  en- 
joyment. 

301.  Owners  of  tunnels,  rights  of. 

'302.  Subjects  upon  whicli  miners  may 
make  regulations.  Conditions  same 
are  subject  to.  What  miners'  rec- 
ords shall  contain.  Annual  expend- 
itures. Forfeiture  and  right  of 
relocation.  Mode  of  forfeiture  for 
failure  of  co-o^%"ners  to  contribute 
to  annual  expenditures. 

393.  Patents  for  mineral  lands,  how  ob- 

tained.    Authority   for  agents  to 
make  applications  and  altidavita. 

394.  Adverse  claim,  proceedings  on. 

395.  Description  of  vein   claims  on  sur- 

veved  and  unsurveyed  lands. 

396.  Pending  applications,  existing  rights. 

397.  Conformity  of  placer  claims  to  sur- 

veys, limit  of. 

39S.  Subdivisionsof  ten-acre  tracts;  max- 
imum of  placer  locations. 

.399.  Conformity  of  placer  claims  to  sur- 
veys, limitation  of  claims. 

400.  What  evidence  of  possession,  &c.,  to 

establish  a  right  to  a  patent. 

401.  Proceedings    for   jiatent    for   jilacer 

claims,  &c. 


Sec. 

402.  Surveyor-General  to  appoint,  survey- 

ors of  mining  claims.  «fcc. 

403.  Veritications  of  atlidavitf,  &c. 

404.  Where  veins  intersect.  Arc. 

403.  Patents  for  non-mineral  lands,  &c. 

40G.  What  conditions  of  sale  may  be  niado 
by  local  h-gislature. 

407.  Vested  rights  to  use  of  water  for  min- 
ing, &c. ;  right  of  way  for  canals. 

403.  Pre-em{)tion  and  homestead  patents 
subject  to  vested  and  accrued  water 
riglits. 

409.  Mineral  lands  in  which  no  valuable 

mines  are  discovered  open  to  home- 
steads. 

410.  Mineral  lands,  how  set  apart  as  agri- 

cultural lands. 

411.  Additional  land  districts  and  officers, 

l)ower  of  the  President  to  provide. 

412.  Provisions  of  this  chapter  not  to  affect 

certain  rights. 

413.  Mineral  lands  in  certain  States  ex- 

cepted. 

414.  Deposits  of  coal,  iron,  and  lead  in 

Missouri  ai^d  Kansas  excepted. 

415.  Grants  of  lands  to  States  or  corpora- 

tions not  tHi  include  mineral  lands. 

416.  Entry  of  coal  lands. 

417.  Pre-emption  of  coal  lands. 

418.  Pre-emption  claims  of  coal  lands  to 

be  presented  within  sixty  days,  »fec. 

419.  Only  one  entry  allowed. 

420.  Conllicting  claims. 

421.  Rights  reserved. 


^neri-l    lands 
re  strved. 


Sec.  386.  In  all  cases  lands  valuable  for  minerals  shall  be 
reserved  from  sale,  exceiit  as  otherwi.se  expressly  directed 
by  law. 

14  Stat.  80;  18  id.  476;  R.  S.  2318.  U.  S.  v.  Gear,  3  How.  120; 
Cooper  7-.  Roberts,  18  id.  73;  U.  S.  v.  Gratiot,  14  Pet.  520;  Spar- 
row r.  Strong,  3  Wall.  97  ;  Secretary  r.  ^McGarrahan,  9  id.  298 ;  Mor- 
ton r.  Nebraska,  21  id.  660;  llevdenfeldt  v.  Mining  Co.,  3  Otto, 
6:54.  U.  S.  V.  Parrott,  1  McAllister,  C.  C.  272;  U.  S.  r.  Gratiot,  1 
McLean,  C.  C.  4.34  ;  Indiana  v.  Miller,  3  id.  151.  3  Op.  Att.  Gen. 
277;  5  id.  247;  7  id.  636;  10  id.  184.  Ileydenfeldt  v.  Mining  Co., 
10  Nev.  290;  Gold  Hill  Co.  r.  Ish,  5  Oreg.  104  ;  Ilicks  v.  JJell,  3 
Cal.  219;  Stoakes  v.  Barrett,  5  id.  36;  People  r.  Folsom,  5  id.  373; 
Conger  v.  Weaver,  6  id.  548;  Nims  r.  Johnson,  7  id.  ill;  Bo-^gs 
r.  Merced  Mining  Co.,  14  id.  279;  Burdge  v.  Smith,  14  id.  3^ti; 
Moore  ?•.  Smaw,  17  id.  199;  Lentz  r.  Victor,  17  id.  272;  Fremont 
V.  Seals,  18  id.  433 ;  Rogers  f.  Sogg,  22  id.  444  ;  Rupley  r.  Welch, 
23  id.  452 ;  Doran  v.  Raihvav  Co.,  24  id.  245  ;  Wixon  r.  Bear  River 
Co.,  24  id.  367;  Ah  Yew  r.  Choate,  24  id.  .362;  Higgins  r.  Hough- 
ton, 25  id.  252  :  Morton  f.  Solambo  Mining  Co.,  26  id,  527  ;  Alford 
V.  Barnum,  45  id.  482;  McLaughlin  r.  Powell,  50  id.  64;  Titcomb 
r.  Kirk,  51  id.  288.  Decisions  Sec.  Int.,  6  Copp's  L.  O.  4  ;  7  id.  23. 
Decisions  Com.  G.  L.  O.,  Copp's  Mg.  Dec.  308;  2  Copp's  L.  O.  82: 
7  id.  4.  Cir.  G.  L.  O.,  April  22,  1880. 
142 


MINERAL    LANDS.  143 

Sec.  387.  All  valuable  mineral  deposits  in  lauds  belong-  Minera]  lands 
ing  to  tlte  United  States,  both  surveyed  and  unsnrveyed,  b^^iuzeu"!''^'"'* 
are  hereby  declared  to  be  free  and  open  to  exploration  and 
purchase,  and  the  lauds  in  which  they  are  found  to  occupa- 
tion and  purchase,  by  citizens  of  the  United  States  and  those 
who  have  declared  their  intention  to  become  such,  under 
regulations  prescribed  by  law,  and  according  to  the  local 
customs  and  rules  of  miners  in  the  several  mining  districts, 
so  far  as  the  same  are  applicable  and  not  inconsistent  with 
the  laws  of  the  United  States. 

17  Stat,  yi ;  19  id.  52 ;  K.  S.  2319.  Cooper  r.  Roberts,  18  How.  173 ; 
Sparrow  v.  Stroug,  3  Wall.  97  ;  Heydenfeldt  v.  Miuiug  Co. ,  3  Otto, 
6.54;  Forbes  r.  Gracev,  4«7.  702.  U.  S.  v.  PaiTott,  1  McAllister, 
C.  C.  ii/l ;  Cbapmau  r.  Toy  Long,  4  Saw.  C.  C.  28;  Mt.  Diablo 
Mg.  Co.  V.  Callisou,  5  Saw.  C.  C.  439;  Stroud  v.  Railway  Co.,  4 
Dillon,  C.  C.  396.  Hibschle  v.  Gildersleeve,  U.  S.  Dist.  Ct.  Colo. 
1880,  in  manuscript.  14  Op.  Att.  Gen.  115;  id.  Aug.  6,  1875,  in 
manuscript.  Rogers  v.  Cooney,  7  Nov.  213;  Golden  Fleece  Co.  r. 
Cable  Mg.  Co.,  12  id.  312 ;  Territory  v.  Lee,  2  Montana,  124  ;  Gold 
Hill  Co.  v.  Ish,  5  Oreg.  104 ;  Hicks  v.  Bell,  3  Cal.  219 ;  Stoakes  r. 
Barrett,  5  id.  30 ;  Tartar  v.  Spring  Creek  Co.,  5  id.  395 ;  Bridge  v. 
Underwood,  0  id.  45 ;  Mitchell  t\  Hargood,  0  id,  148 ;  Conger  v. 
Weaver,  0  id.  543;  Crandall  v.  Woods,  Hid.  13G  ;  Weimer  r.  Low- 
rey,  11  id.  104 ;  Boggs  v.  Merced  Mg.  Co.,  14  id.  279  ;  Hensbaw  v. 
Clark,  14  id.  401 ;  Clark  r.  Duval,  15  jrf.  85;  Smith  v.  Doe,  15  id. 
100;  Moore  r.  Smaw,  17  id.  199  ;  Leutz  v.  Victor,  17  id.  272;  Fre- 
mont V.  Seals,  18  id.  433;  Logan  v.  DriscoU,  19  id.  023 ;  Rnpley  v. 
Welch,  23  id.  452 ;  Ensminger  r.  Mclntire,  23  id.  593 ;  Doran  r. 
Railway  Co.,  24  id.  245 ;  Richardson  v.  McNulty,  24  id.  339  ;  Wisou 
V.  Bear  River  Co.,  24  id.  367  ;  Ah  Yew  v.  Choate,  24  id.  562  ;  Hig- 
gius  V.  Houghton,  25  id.  252;  Morton  v.  Solambo  Mg.  Co.,  20  id. 
527  ;  Gibson  r.  Puchta,  33  id.  310  ;  Levaroni  v.  Miller,  34  id.  231  ; 
Alford  V.  Baruum,  45  id.  482;  McLaughlin  r.  Powell,  50  id.  04; 
Laird  v.  Waterford,  50  id.  315 ;  Titcomb  v.  Kirk,  51  id.  288.  De- 
cisions Sec.  Int.,  Aug.  26,  1871  (Cojtp's  Mg.  Dec.  60) ;  Sept.  3, 1872 
(id.  140) ;  Jan.  2,  1875  (1  Copp's  L.  O.  17H).  Decisions  Com.  G.  L. 
O.,  June  7,  1871  (Copp's  Mg.  Dec.  43);  July  10,  1873  {id.  209); 
July  15,  1873  (id.  316);  July  26,  1873  {id.  214);  Mav  2,  1874  (1 
Copp's  L.  0.  4) ;  Oct.  23,  1874  (1  id.  132) ;  Jan.  30,  1875  (1  id.  79) ; 
June  30,  1875  (1  id.  79);  Dec.  3,  1875;  April  24,  1876  (3  Copp's  L. 
0.  18) ;  Nov.  13,  1877  (4  id.  179);  Sept.  30,  1879. 

Sec.  388.  Mining  claims  upon  veins  or  lodes  of  quartz  or  length  of  min- 
other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead,  tin,  inp;  claims  upon 
coi>per,  or  other  valuable  deposits,  heretofore  located,  shall  ^^™^ 
be  governed  as  to  length  along  the  vein  or  lode  by  the  cus- 
toms, regulations,  and  laws  in  force  at  the  date  of  their  loca- 
tion. A  muiing  claim  located  after  the'tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  whether  located  by  one 
or  more  persons,  may  equal,  but  shall  not  exceed,  one  thou- 
sand five  hundred  feet  in  length  along  the  vein  or  lode ;  but 
no  location  of  a  mining  claim  shall  be  jnade  until  the  dis- 
covery of  the  vein  or  lode  within  the  limits  of  the  claim 
located.  No  claim  shall  extend  more  than  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface, 
nor  shall  any  claim  be  limited  by  any  mining  reguhition  to 
less  than  twenty-tive  feet  on  each  side  of  the  middle  of  the 
vein  at  the  surface,  except  where  adverse  rights  existing  on 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
render  such  limitation  necessary.  The  end  lines  of  each 
claijn  shall  be  parallel  to  each  other. 

17  Stat.  91  ;  19  id.  ,52;  R.  S.  2320.  Flagstaff  Silver  Mg.  Co.  v.  Tar- 
bet,  8  Otto,  463.     The  Eureka  case,  4  Saw.  C.  C.  302  :  Mt.  Diablo 


144  MINERAL    LANDS. 

M-;.  Co.  V.  Callisoii,  T)  id  A'^'X  MallHtt.r.  Undo  Sam  Co.,  1  N.-v.  188; 
Stato  r.  Khoilfs,  1  id.  :\l\l\  Foot  r.  National  M;;.  Co.,  2  Montana, 
•IdJ:  Moxoii  r.  Wilkinson,  -J  id.  IJl  ;  I'losscr  r.  Parks,  IH  Cal.  47  ; 
Lo;j;aii  v.  Drisi'oll,  l'Ji(/.  OJ:?;  Tuiuu'l  Co.  f.  Straiiahan,  'M  i(/.  :>H7  ; 
Correa  r.  Krietas, -IJ  id.  'S.VJ;  llarvoy  r.  Bryan,  4J  id.  CrU',;  Tit^ 
comb  r.  Kirk,  .')l  id.  2^-*.  Decision  See.  Int.,  Aug.  2(),  1871  (1 
Copjt'.s  L.  O.  KJ).  DtM-i.sions  Com.  (».  L.  O.,  Nov.  (>,  18li9  (Copp's 
M;;.  Dec.  2:5) ;  ^ept.  22,  1H7()  {id.  :i2)  ;  An;,'.  4,  1871  {id.  :,7)-  Aug. 
2.V.  lr(71  (((f.  ;')'.));  Nlarch  10,  1S7:{  (i(/.  KJJ) ;  Mav  1,  187:5  (W.  19.-)); 
Mav  20,  187:5  {id.  2!)1) ;  Jmio  17,  187:5  {id.  207);  .Jnlv  10,  187:5  {ul. 
209);  Nov.  18,  1873  (ui.  2:);^) ;  Fob.  11,  1875  (1  Copp'.s  L.  O.  179); 
Dec.  29,  1875  (2  ul  1 16) ;  Aug.  2i,  1^:70  (3  W.  82) ;  May  4, 1880  (7 
id.  X)). 

PrtK»fo^5ttlr«ln-     Sec.  380.  Proof  of  citizeusliip,  under  this  chapter,  may 
"^P-  consist,  in  the  case  of  an  individual,  of  his  own  aftidavit 

thereof;  in  the  case  of  an  association  of  persons  unincor- 
porated, of  the  affidavit  of  their  antliorized  agent,  made  on  his 
own  knowledge,  or  upon  information  and  belief;  and  in  the 
case  of  a  corporation  organized  under  the  laws  of  the  United 
States,  or  of  any  State  or  Territory  thereof,  by  the  filing  of 
a  certified  copy  of  tlieir  charter  or  certificate  of  incorporation. 

17  Stat.  94;  19  id.  52;  R.  S.  2:521.  Craig  v.  Br.ailford,  :5  Wheat. 
594;  Governenr'.s  boirs  r.  Robertson,  11  id.  3:52;  Cros.s  v.  De  Valle, 
1  Wall.  1;  Osterman  v.  Baldwin,  tt  id.  116;  Phillips  i'.  Mooro,  10 
Otto,  208.  5  Op.  Att.  Gen.  551 ;  id.  Aug.  (>,  1875,  in  manuscript. 
Jackson  v.  Beech,  .Johnson's  Cases.  401.  Decisions  Sec.  Int.,  .Ian. 
2,  1875  (1  Copp's  L.  O.  178) ;  April  1,  1875  (2  id.  2) ;  July  29,  187ij 
(3  id.  6a) ;  July  26,  1879  (G.  L.  O.  Rep.  1879,  p.  157).  Decisions 
Com.  G.  L.  O.,  June  7,  1871  (Copp's  Mg.  Dec.  43) ;  Aug.  1:5,  1872 
{id.  134);  Sept.  17,  1874  (1  Copp's  L.  O.  98) ;  Oct.  28,  1875  (2  id. 
114) ;  April  14,  1876  (G.  L.  O.  Rep.  1877,  p.  83);  July  18,  1876  (3 
Copp's  L.  O.  69). 

Locators' rights  Sec.  390.  Tlic  looatoi's  of  all  mining  locations  heretofore 
ew^i^'en't.'*^ '^^  in«de  or  which  shall  hereafter  be  made,  on  any  mineral  vein, 
lode,  or  ledge,  situated  on  the  public  domain,  their  heirs 
and  assigns,  where  no  adverse  claim  exists  on  tlie  tenth  day 
of  May,  eighteen  hundred  and  seventy-two,  so  long  as  they 
comply  with  the  laws  of  the  United  States,  and  with  State, 
Territorial,  and  local  regulations  not  in  conflict  with  the 
laws  of  the  United  States  governing  their  possessory  title, 
shall  have  the  exclnsive  right  of  possession  and  enjoyment 
of  all  the  surface  included  within  the  lines  of  their  lo(!ations, 
and  of  all  veins,  lodes,  and  ledges  throughout  their  entire 
depth,  the  top  or  ajiex  of  which  lies  inside  of  such  surface  lines 
extended  downward  vertically,  althongh  such  veins,  lodes,  or 
ledges  may  so  far  depart  from  a  i)erpendicular  in  their  coui-se 
downward  as  to  extend  outside  the  vertical  side  lines  of 
such  surface  locations.  But  their  right  of  possession  to  such 
outside  parts  of  such  veins  or  ledges  shall  be  confined  to 
such  portions  thereof  as  lie  between  vertical  planes  drawn 
downward  as  above  described,  through  the  end  lines  of  their 
locations,  so  continued  in  their  own  direction  that  such  planes 
will  intersect  such  exterior  parts  of  such  veins  or  ledges. 
And  nothing  in  this  section  shall  authorize  the  locator  or 
pos.sessor  of  a  vein  or  lode  which  extends  in  its  downward 
course  beyond  the  vertical  lines  of  his  claim  to  enter  upon 
the  surface  of  a  claim  owned  or  possessed  by  another.  No 
possessory  action  between  individuals,  in  any  court  of  the 
United  States,  for  the  recovery  of  any  mining  title,  or  for 


MINERAL    LANDS.  145 

damages  to  any  such  title,  shall  be  affected  by  the  fact  that 
the  paramount  title  to  the  land  on  which  such  mines  are,  is 
in  the  United  States,  but  each  case  shall  be  adjudged  by  the 
law  of  possession. 

13  Stat.  441 ;  17  id.  91 ;  19  id.  52  ;  R.  S.  910,  2322.     Sparrow  v.  Strong, 

3  Wall.  97;  Heydenfeldt  v.  Mining  Co.,  3  Otto,  634;  Forbes  v. 
Gracey,  4  id.  762;  Jennisonv.  Kirk,  Sid.  453 ;  Flagstaff  Silver  Mg. 
Co.  I'.  Tarbet,  8  id.  463.  The  420  Mg.  Co.  v.  The  Bullion  Co.,  3  Saw. 
C.  C.  634 ;  The  Eureka  Case,  4  id.  302 ;  Chapman  v.  Toy  Long, 

4  id.  28;  Kinney  v.  Con.  Va.  Mg.  Co.,  4  id.  382;  Mt.  Diablo  Mg. 
Co.  V.  Calhson/5  id.  439 ;  Hibschle  v.  Gildersleeve,  U.  S.  Dist.  Ct. 
Colo.  1880,  in  manuscript.  Hale  et  al.  v.  Story  Co.,  1  Nev.  104, 
People  V.  Logan,  1  id.  109;  Leet  v.  John  Dare  Mg.  Co.,  6  id.  218; 
Overman  Co.  v.  American  Mg.  Co.,  7  id.  312;  Golden  Fleece  Co.  v. 
Cable  Co.,  12  id.  312 ;  Lincoln  v.  Rogers,  1  Montana,  217 ;  Nelson  v. 
O'Neil,  1  id.  284 ;  Bucher  v.  Mulverhill,  1  id.  306 ;  Robertson  v. 
Smith,  1  id.  410  ;  Atkins  v.  Hendree,  1  Idaho,  107  ;  Gold  Hill  Mg. 
Co.  V.  Ish,  5  Oreg.  104;  Patterson  v.  Hitchcock,  3  Colo.  5335 
WolJley  V.  Lebanon  Mg.  Co.  4  id.  112 ;  Fitzgerald  v.  Urton,  5  Cab 
308 ;  Bridge  v.  Underwood,  6  id.  215 ;  Mitchell  v.  Hargood,  6  id- 
148 ;  Sima  v.  Smith,  7  id.  149 ;  Merced  Mg.  Co.  v.  Fremont,  7  id. 
317  ;  O'Keiff  V.  Cunningham,  9  id.  589  ;" State  v.  Moore,  12  id.  56  ; 
Merritt  v.  Judd,  14  id.  60;  Boggs  v.  Merced  Mg.  Co.,  14  id.  279; 
Henshaw  v.  Clark,  14  id.  461 ;  Clark  v.  Duval,  15  id.  85 ;  Smith  «. 
Doe,  15  id.  100;  Pennsylvania  Mg.  Co.  v.  Owens,  15  id.  135; 
Esmoud  V.  Chew,  15  id.  137;  Brown  v.  49  and  56  Co.,  15  id.  152; 
Gillan  v.  Hutchinson,  16  id.  154 ;  Coryell  v.  Cain,  16  id.  567 ;  Att- 
wood  V.  Fricot,  17  id.  38 ;  English  v.  Johnson,  17  id.  108 ;  Fremont 
V.  Seals,  18  id  433;  Gore  v.  McBrayer,  18  W.  582;  Logan  v.  Driscoll, 
19  id,  623 ;  Tunnel  Co.  v.  Stranahan,  20  id.  198 ;  Rogers  v.  Soggs, 

22  id.  444 ;  Gatewood  v.  McLaughlin,  23  id.  178 ;  Hugbes  v.  Devlin, 

23  id.  501 ;  Ensminger  v.  Mclntire,  23  id.  593  ;  Doran  v.  Railway 
Co.,  24  id.  245;  Richardson  v.  McNulty,  2^id.  339;  Wixonv.  Bear 
River  Co.,  24  id.  367  ;  Higgins  v.  Houghton,  25  id.  252 ;  St.  John 
V.  Kidd,  26  id.  264 ;  Depuy  v.  WiUiams,  26  id.  309 ;  Morton  v. 
Solambo  Mg.  Co.,  26  id.  527;  Hess  v.  Winder,  30  id.  349;  Tunnel 
Co.  V.  Stranahan,  31  id.  387  ;  Hardenburgh  v.  Bacon,  33  id.  356 ; 
Gibson  v.  Puchta,  33  id.  310 ;  Levarohi  v.  Miller,  34  id.  231 ;  Hess 
V.  Winder,  34  id.  270;  Pralus  v.  Jefferson  Mg.  Co.,  34  id.  559; 
Pralusr.  Pacific  Mg.  Co.,35W.  30;  Clark  v.  Willett,  35  id.  535; 
Maine  Boys  Co.  v.  Boston  Co.,  37  id.  40;  Bradley  v.  Lee,  38  id. 
362 ;  Correa  v.  Frietas,  42  id.  339 ;  Harvey  v.  Bryan,  42  id.  626  ; 
Gregory  v.  Harris,  43  id.  38 ;  Stone  v.  Bumpus,  46  id.  218 ;  Quirk 
V.  Tralk,  47  id.  453 ;  Laird  v.  Waterford,  50  id.  315 ;  Titcomb  v. 
Kixk,  51  id.  288 ;  Phcenix  Co.  v.  Lawrence,  ,S.  C.  Cal.  1880,  in 
manuscript.  Decisions  Com.  G.  L.  O.,  Sept.  28,  1878  (5  Copp'a  L. 
O.  116);  May  4,  18»0  (7  id.  35). 

Sec.  391.  Where  a  tunnel  is  run  for  the  development  of  a    ownew  of  tun- 
vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of^^^^'^^g'^''"^- 
such  tunnel  shall  have  the  right  of  possession  of  all  veins 
or  lodes  within  three  thousand  feet  from  the  face  of  such 
tunnel  on  the  line  thereof,  not  previously  known  to  exist, 
discovered  in  such  tunnel,  to  the  same  extent  as  if  discov- 
ered from  the  surface;  and  locations  on  the  lino  of  such 
tunnel  of  veins  or  lodes  not  appearing  on  the  surface,  made 
by  other  parties  after  the  commencement  of  the  tunnel,  and 
while  the  same  Is  being  prosecuted  with  reasonable  dili- 
gence, shall  be  invahd ;  but  failure  to  prosecute  the  work  on 
the  tunnel  for  six  months  shall  be  considered  as  an  aban- 
donment of  the  right  to  all  undiscovered  veins  on  the  line   , 
of  such  tunnel. 

17  Stat.  92;  19  id.  52;  R.S.2323.  Tunnel  Co.  v.  Pell,  4  Colo.  507; 
Titcomb  v.  Kirk,  51  Cal.  288.  Decisions  Com.  G.  L.  O.,  Sept.  20. 
1872  (Copp'a  Mg.  Dec.  144);  April  1.5,  1873  {id.  193);  Aug.  1,1873 

10  LO 


148  MINERAL    LANDS. 

Bon  r.  reiitbiT  Kivor  Co.,  11  id.  18;  Attwooil  r.  Fiicot,  17  id.  38: 
Tuunol  Co.  r.  Stranahaij,  Mid.  lOS;  Gatiwdod  r.  McLaufj;hliii,  23 
id.  116;  Antonio  Co.  v.  Kulgo  Co..  '2'.\  id.  -'I'J;  Diapt-r  r.  Douglas, 
23  !</.  ;M7  ;  PalttTson  r.  Kcvslouo  Co.,  'J'.?  i(/.  .'>7.'> ;  Kichardsun  v. 
McNulty,  '2i  id.  331);  Carve.  Canipboll,  'Jl  id.  03-1;  Copper  Hill 
M^.  Co.  V.  Spencer,  !.''> «'(/.  18:  St.  John  v.  Kidil,  2tj  id.  201;  Duryea 
r.  Burt,  '28  id.  CHiO;  Ile.ss  r.  Winder,  30  id.  31'.»;  Patterson  v.  Key- 
stone Mg.  Co.,  30  id.  300;  Goller  r.  t'ett,  30  id.  481 ;  Settembre  r. 
Patnaui,  30  id.  400:  King  r.  Kandlett,  33  id.  318;  Ilardenburgh 
V.  Bacon,  33  id.  ?M;  Blod^ett  r.  Potosi  Mg.  Co.,  31  id.  227;  Fol- 
ger  r.  Coward,  3.')  id.  Ooll ;  Meyers  r.  Farquharson,  46  id.  190. 
Decision  Com.  (;.  L.  O.,  Juno  I),  'l873  (Copp's  Mg.  Dec.  202). 
Co-oicHfis :  The  420  Mg.  Co.  r.  The  Bullion  Co.,  3  Saw.  C.  C.  634. 
Mallott  r.  Undo  Sam  Co.,  1  Nev.  188;  Chase  v.  Savago  Co.,  2  id. 
9:  Bueherr.  Mulverhill,  1  Montana,  306;  Murloyr.  Enuis,  2  Colo. 
300;  Waring  v.  Crow,  11  Cal.  366;  Goro  v.  McBrayer,  18  id.  582; 
Eowe  r.  Baiigalluppi,  21  id.  633;  Coleman  r.  Clements,  23 i(Z.  245; 
Hughes  r.  Devlin,  23  id.  501;  Wiseman  v.  McNulty,  25  id.  230; 
Morton  v.  Solambo  Co.,  26  id.  527;  Duryea  r.  Burt,  28  id.  50'J; 
GoUer  r.  Fett,  30  id.  481;  Settembre  v.  Putnam,  30  id.  490; 
Jones  r.  Clark,  42  id.  180 ;  Taylor  v.  Castle,  42  id.  367  ;  Decker  v. 
Howell,  42  id.  636;  Strang  v.  Ryan,  46  id.  33.  Decisions  Com. 
G.  L.  O.,  July  19, 1876  (3  Copp's  L.  O.  66);  June  9,  1877  (4  id.  50); 
Dec.  21,  1877  (5  id.  4). 

Patent* for min-  Sec.  393.  A  patent  for  any  land  claimed  and  located  for 
obtaiiMd'^*'  ^""^  valuable  deposits  may  be  obtained  in  the  following  manner : 
Any  person,  association,  or  corporation  authorized  to  locate 
a  claim  under  this  chapter,  having  claimed  and  located  a 
piece  of  land  for  such  purposes,  who  has,  or  have,  complied 
with  the  terms  of  this  chapter,  may  file  in  the  proper  land 
office  an  application  for  a  patent,  under  oath,  showing  such 
compliance,  together  with  a  plat  and  field-notes  of  the  claim 
or  claims  in  common,  made  by  or  under  the  direction  of 
the  United  St-ates  surveyor- general,  showing  accurately 
the  boundaries  of  the  claim  or  claims,  which  shall  be  dis- 
tinctly marked  by  monuments  on  the  ground,  and  shall  post 
a  copy  of  such  plat,  together  with  a  notice  of  such  applica- 
tion for  a  patent,  in  a  conspicuous  place  on  the  land  em- 
braced in  such  plat  pre\ious  to  the  filing  of  the  application 
for  a  i)atent,  and  shall  file  an  affidavit  of  at  least  two  per- 
sons that  such  notice  has  been  duly  posted,  and  shall  file  a 
copy  of  the  notice  in  such  land  office,  and  shall  thereupon  be 
entitled  to  a  patent  for  the  land,  in  the  manner  following : 
The  register  of  the  land  olfice,  upon  the  filing  of  such  appli- 
cation, plat,  field-notes,  notices,  and  affidavits,  shall  publish 
a  notice  that  such  application  has  been  made,  for  the  period 
of  sixtj'  days,  in  a  newspaper  to  be  by  him  designated  as 
published  nearest  to  such  claim  ;  and  he  shall  also  post  such 
notice  in  his  office  for  the  same  period.  The  claimant  at  the 
time  of  filing  this  application,  or  at  any  time  thereafter, 
within  the  sixty  days  of  publication,  shall  file  with  the  reg- 
ister a  certificate  of  the  United  States  surveyor-general 
that  five  hundred  dollars'  worth  of  labor  has  been  expended 
or  imijrovements  made  upon  the  claim  by  himself  or  grant- 
ors ;  that  the  plat  is  correct,  with  such  further  description 
by  such  reference  to  natural  objects  or  permanent  monu- 
ments as  shall  identify  the  claim,  and  furnish  an  accurate 
description,  to  be  incorporated  in  the  patent.  At  the  expi- 
ration of  the  sixty  days  of  publication  the  claimant  shall 
file  his  affidavit,  .showing  that  the  i)lat  and  notice  have  been 


MINERAL    LANDS.  149 

posted  in  a  conspicuous  place  on  the  claim  during  such  pe- 
riod of  publication.  If  no  adverse  claim  shall  have  been 
filed  -with  the  register  and  the  receiver  of  the  proper  land 
office  at  the  expiration  of  the  sixty  days  of  pviblication,  it 
shall  be  assumed  that  the  applicant  is  entitled  to  a  patent, 
upon  the  payment  to  the  proper  officer  of  five  dollars  per 
acre,  and  that  no  adverse  claim  exists ;  and  thereafter  no 
objection  from  third  parties  to  the  issuance  of  a  patent  shall 
be  heard,  except  it  be  shown  that  the  applicant  has  failed 
to  comply  with  the  terms  of  this  chapter.  Where  the  claim- 
ant for  a  patent  is  not  a  resident  of  or  within  the  land  dis- 
trict wherein  the  vein,  lode,  ledge  or  deposit  sought  to  be 
patented  is  located,  the  ai)plication  for  patent  and  the  af-  Authority  for 
fidavits  required  to  be  made  in  this  section  may  be  made  by  agents  to  make 

,  .      1  ^.^  XI       •!  XI-  •  1  J.  •  applicatlofla  ana 

his,  her,  or  its  authorized  agent,  where  said  agent  is  conver-  affidayit*. 
sant  with  the  facts  sought  to  be  established,  and  this  pro- 
vision shall  apply  to  all  applications  for  patents  to  mineral 
lands  pending  on  the  twenty-second  day  of  January,  eight- 
een hundred  and  eighty. 

17  Stat.  92;  19  id.  .''>2;  21  id.  61;  E.  S.  2325. 

Applications :  Decisions  Sec.  Int.,  Nov.  6,  1873  (Copp's  Mg.  Dec.  191) ; 
March  22,  1875  (2  Copp's  L.  O.  5);  June  29,  1875  (G.  L.  O.  Eep. 
1876,  p.  78) ;  Jan.  3,  1877  (3  Copp's  L.  O.  196).  Decisions  Com. 
G.  L.  O.,  Sept.  21,  1872  (Copp's  Mg.  Dec.  145);  Feb.  18,  1875  (id. 
159) ;  March  24,  1873  (id.  165) ;  April  15,  1873  (id.  188) ;  Jan.  22, 
1873  (id.  157) ;  Jan.  6,  1874  (id.  340) ;  July  21,  1874  (1  Copp's  L. 
O.  66);  Aug.  18,  1874  (1  id.  83);  Dec.  14,  1874  (1  id.  146);  Jan.  2, 
1875  (1  id.  178);  Feb.  18,  1875  (Copp's  Mg.  Dec.  159);  Aug.  17, 
1875  (2  Copp's  L.  O.  82) ;  Nov.  12,  1875  (2  id.  130) ;  Dec.  20, 1875 
(2  id.  146) ;  April  29,  1876  (3  id.  18) ;  April  20,  1877  (4  id.  35) ;  Oct. 
20,  1879  (6  id.  122). 

Jgcnts  and  Attorneys:  Decision  Sec.  Int.,  March  2,  1880  (7  Copp's L. 

0,  20).  Decisions  Com.  G.  L.  O.,  Aug.  20,  1873  (Copp's  Mg.  Dec. 
222) ;  Aug.  26,  1879  (6  Copp's  L.  O.  92) ;  Sept.  19,  1879  (G.  L.  O. 
Eep.  1879,  p.  143) ;  Oct.  20,  1879  (6  Copp's  L.  O.  122). 

Expenditures :  Mt.  Diablo  Mg.  Co.  v.  Callison,  5  Saw.  C.  C.  439. 
Weeks'  Mg.  Laws,  113,  115, 116,  118, 120,  121.  Decisions  Sec.  Int., 
Sept.  6,  1878  (6  Copp's  L.  O.  100) ;  June  23,  1879  (7  id.  5). 

Notice:  Wolflcy  v.  Lebanon  Co.,  4  Colo.  112.  Decisions  Sec.  Int., 
Dec.  5,  1871  (Copp's  Mg.  Dec.  70);  Nov.  24,  1873  (id.  169);  April 
30,  1874  (1  Copp's  L.  O.  34) ;  Jan.  2,  1875  (1  id.  178) ;  April  1,  1875 
(2  id.  2) ;  Dec.  1,  1876  (3  id.  163).  Decisions  Com.  G.  L.  O.,  June 
19,1871  (Copp's  Mg.  .Dec.  45);  Juno  18,  1873  (lU  200);  Nov.  12, 
1873  (id.  234) ;  July  21,  1874  (1  Copp's  L.  O.  66) ;  Nov.  12,  1875 
(2  id.  130);  March  7,  1876(2  id.  180);  April  21,  1876  (3  id.  18); 
Dec.  1,  1876  (3  id.  163);  Jan.  4,  1877  (3  id.  196);  Aug.  26,  1879  (6 
id.  92);  Oct.  29,  1879;  April  30,  1880. 

Payment:  Decision  Com.  G.  L.  O.,  Jan.  30,  1873  (Copp's  Mg.  Dec. 
157). 

Protestants:  Decisions  Sec.  Int.,  April  .30,  1874  (1  Copp's  L.  O.  34); 
March  24,  1876  (4  id.  34) ;  Feb.  17,  1877  (3  id.  194) ;  March  10, 1877 
(4  id.  3) ;  July  21,  1879  (6  id.  73).  Decisions  Com.  G.  L.  O.,  Aug. 
17, 1874  (1  Copp's  L.  0.  82);  Oct.  8,  1875  (2  id.  115). 

Patents:  Decisions  Sec.  Int.,  Jan.  14,  1873  (Copp's  Mg.  Dec.  152); 
Jan.  2,  1875  (1  Copp's  L.  O.  178);  March  22,  1875  (2  id.  5);  April " 

1,  1875  (2  id.  2) ;  March  4,  1875  (2  id.  82) ;  July  21,  1879  (6  id.  73). 
Decisions  Com.  G.  L.  O.,  Jan.  21,  1869  (Copp's  Mg.  Dec.  18) ;  July 
22,  1869  (id.  21) ;  April  18, 1870  (id.  30) ;  Jan.  2,  1872  (id.  72) ;  Feb.     . 
27,  1872  (hL  79);  April  4,  1872  (id.  85);  April  .5,  1872  (id.  88);  Oct. 

2,  1872  (if?.  146) ;  March  8,  1873  (id.  162) ;  July  26,  1873  (id.  213); 
Oct.  22, 1873  (id.  227) ;  March  14,  1874  (1  Copp's  L.  0. 2) ;  June  22, 
1875  (2  id.  98);  Oct.  26,  1875  (2  id.  114);  Doc.  20,  1875  (2  id.  146); 
Feb.  25,  1876  (2  id.  178);  Jan.  1.5,  1880  (6  id.  171). 


152  MINERAL    LANDS. 

18S0,  ill  manuscript.  Docisions  Com.  G.  L  O.,  March  1,  1871 
(Copp's  Mg.  Dec.  40);  Jan.  20,  \ST.\  {id.  15:);  .Iiilv  10,  187;^  («d. 
'Jll);  Oct.  '2X  lf^7:5  {ill.  lh>l));  Nov.  'JO,  187:{  {id.  l>:!r>) ;  Nov.  til, 
1&7-J  ( I  Copp's  L.  O.  1:54) ;  Sept.  '20, 187i)  (G.  L.  O.  Kop.  1870,  j).  14;.5). 

Conforauty  of  Sec.  300.  Wlieic  placGi'  chuius  are  upon  surveyed  lands, 
SJS^"v8'^;^*\ui1it!^  iiiitl  contbrin  to  legal  subdivisions,  no  lurtlicr  survey  or  plat 
tionoT chums.  sluiU  be  iv(iuiied,  and  all  placer-mining  claims  located  after 
the  tenth  day  of  ^lay,  eighteen  hundred  and  seventy-two, 
shall  conform  as  near  as  practicable  with  the  United  States 
system  of  ])ublic  land  surveys,  and  the  rectangular  subdi- 
visions of  such  surveys,  and  no  such  location  sliall  include 
more  than  twenty  acres  for  each  individual  claimant;  but 
where  placer  claims  cannot  be  conformed  to  legal  subdivis- 
ions, survey  and  plat  shall  bo  made  as  on  unsurveyed 
lands ;  and  where  by  the  segregation  of  mineral  land  in  any 
legal  subdivision  a  quantity  of  agricultural  land  less  than 
forty  acres  remains,  such  fractional  portion  of  agricultural 
land  may  be  entered  by  any  party  qualified  by  law,  for 
homestead  or  jire-emption  purposes. 

17  Stat.  94;  19  id.  5-2;  E.  S.  2331.  Campbell  v.  Adams,  U.  S.  Dist. 
Ct.  Colo.  1.880,  in  manuscript.  Decisions  Com.  G.  L.  O.,  May  19, 
1873  (Copp's  Mg.  Dec.  200)  ;  Ang.  27,  1873  (id.  222). 

What  evidence  -Sec.  400.  Where  such  person  or  association,  they  and 
^p^"^^*°°j;  their  grantors,  have  held  and  worked  their  claims  for  a 
» light  to  a  pat-  pedod  equal  to  the  time  prescribed  by  the  statute  of  limita- 
•°^  tions  for  mining  claims  of  the  State  or  Territory  where  the 

same  may  be  situated,  evidence  of  such  possession  and 
working  of  the  claims  for  such  period  shall  be  sufficient  to 
establish  a  right  to  a  patent  thereto  under  this  chapter,  in 
the  absence  of  any  adverse  claim;  but  nothing  in  this 
chapter  sliall  be  deemed  to  impair  any  lieu  which  may  have 
attached  in  any  way  whatever  to  any  mining  claim  or  prop- 
erty thereto  attached  prior  to  the  issuance  of  a  patent. 

16  Stat.  217;  R.  S.  2332.  The  420  Mg.  Co.  v.  The  Bullion  Co.,  3 
Saw.  C.  C.  634.  Davis  v.  Clark,  2  Montana,  310;  Maine  Boys  Co. 
V.  Boston  Co.,  37  Cal.  40. 

Proceedings  for  Sec.  401.  Where  the  same  person,  association,  or  corpo- 
t^^&c  ^^^  ration  is  in  possession  of  a  placer  claim,  and  also  a  vein  or 
lode  included  within  the  boundaries  thereof,  application 
shall  be  made  for  a  patent  for  the  placer  claim,  with  the 
statement  that  it  includes  such  vein  or  lode,  and  in  such 
case  a  patent  shall  issue  for  the  placer  claim,  subject  to  the 
provisions  of  this  chapter,  including  hnch  vein  or  lode,  upon 
the  payment  of  five  dollars  per  acre  for  such  vein  or  lode 
claim,  and  twenty-five  feet  of  surface  on  each  side  thereof. 
The  remainder  of  the  ])lacer  claim,  or  any  placer  claim  not 
embracing  any  vein  or  lode  claim,  .shall  be  paid  for  at  the 
rate  of  two  dollars  and  fifty  cents  per  acre,  together  with 
aU  costs  of  proceedings ;  and  where  a  vein  or  lode,  such  as 
is  described  in  section  three  hundred  and  eighty-eight,  is 
known  to  exist  within  the  boundaries  of  a  placer  claim,  an 
application  for  a  patent  for  such  placer  claim,  which  does 
not  include  an  application  for  the  vein  or  lode  claim  shall 
be  construed  as  a  conclusive  declaration  that  the  claimant 
.  of  the  placer  claim  has  no  right  of  possession  of  the  vein  or 
lode  claim;  but  where  the  existence  of  a  vein  or  lode  in  a 


MINERAL    LANDS.  153 

placer  claim  is  not  kuown,  a  i)atent  for  the  placer  claim 
shall  convey  all  valuable  mineral  and  other  deposits  within 
the  boundaries  thereof. 

17  Stat.  94;  19  id.  52;  E.  S.  2333.     Decision  Com.  GIL.  O.,  Oct.  17, 
1873  (Copp's  Mg.  Dec.  226). 

Sec.  402.  The  surveyor-general  of  the  United  States  Surveyor- gen- 
may  ai)point  in  each  land  district  containing  mineral  lands  eurveyonTo/mu* 
as  many  competent  surveyors  as  shall  apply  for  appoint- i^g  claims,  &o 
ment  to  survey  mining  claims.  The  expenses  of  the  survey 
of  vein  or  lode  claims,  and  the  survey  and  subdivision  of 
placer  claims  into  smaller  quantities  than  one  hundred  and 
sixty  acres,  together  with  the  cost  of  irablication  of  notices, 
shall  be  paid  by  the  applicants,  and  they  shall  be  at  liberty 
to  obtain  the  same  at  the  most  reasonable  rates,  and  they 
shall  also  be  at  liberty  to  employ  any  United  States  deputy 
surveyor  to  make  the  survey.  The  Commissioner  of  the 
General  Laud  Office  shall  also  have  power  to  establish  the 
maximum  charges  for  surveys  and  publication  of  notices 
under  this  chapter;  and,  in  case  of  excessive  charges  for 
publication,  he  may  designate  any  newspaper  published  in 
a  land  district  where  mines  are  situated  for  the  publication 
of  mining  notices  in  such  district,  and  fix  the  rates  to  be 
charged  by  such  paper ;  and,  to  the  end  that  the  Commis- 
sioner may  be  fully  informed  on  the  subject,  each  applicant 
shall  file  with  the  register  a  sworn  statement  of  all  charges 
and  fees  paid  by  such  applicant  for  publication  and  surveys, 
together  with  all  fees  and  money  paid  the  register  and  the 
receiver  of  the  land  office,  which  statement  shall  be  trans- 
mitted, with  the  other  papers  in  the  case,  to  the  Commis- 
sioner of  the  General  Land  Office. 

17  Stat.  95;  19  id.  £2;  E.  S.  2334.     Decision  Com.  G.  L.  O.,  Aug.  6, 
1-872  (Copp's  Mg.  Dec.  131). 

Sec.  403.  All  affidavits  required  to  be  made  under  this  verification  o/ 
chapter  may  be  verified  before  any  officer  authorized  to  ^®'^*""*'' *''^" 
administer  oaths  within  the  land  district  where  the  claims 
may  be  situated,  and  all  testimony  and  proofs  may  be  taken 
before  any  such  officer,  and,  when  duly  certified  by  the  officer 
taking  the  same,  shall  have  the  same  force  and  effect  as  if 
taken  before  the  register  and  receiver  of  the  land  office.  In 
cases  of  contest  as  to  the  mineral  or  agricultural  character 
of  land,  the  testimony  and  proofs  may  be  taken  as  herein 
provided  on  personal  notice  of  at  least  ten  days  to  the 
opposing  party ;  or  if  such  party  cannot  be  found,  then  by 
publication  of  at  least  once  a  week  for  tliirty  days  in  a 
newspaper,  to  be  designated  by  the  register  of  the  land 
office  as  published  nearest  to  the  location  of  such  land ;  and 
the  register  shall  require  proof  that  such  notice  has  been 
given. 

17  Stat.  95;  19  id.  52;  R.  S.  2335.     Dccision-s  Com.  G.  L.  O.,  July 
21,  1874  (1  Copp's  L.  O.  6G);  Jau.  27,  187G  (2  id.  162). 

• 

Sec.  404.  Where  two  or  more  veins  intersect  or  cross  each    whoro  voins 
other,  priority  of  title  shall  govern,  and  such  prior  location '°*^«r«''°*'  ^■ 
shall  be  entitled  to  all  ore  or  mineral  contained  within  the 
space  of  intersection;  but  the  subsequent  location  shall  have 
the  right  of  ^vay  through  the  space  of  intersection  for  the 


L 


156  MINERAL    LANDS. 

tiou  of  a  draining  and  exploring  tunnel  to  the  Comstock 
lodo,  in  the  State  of  Nevada,"  ai)]iroved  July  twenty-five, 
eight<>en  hundred  and  sixty-six. 

KiStat.  218;  17  id.  06;  19  id.  iVi ;  R.  S.  2:544.  Decision  Soc.  Int., 
Auj,r.  30,  1878  (f)  Copp'8  L.  O.  198).  Decieions  Com.  G.  L.  O., 
March  8,  187:5  (Copp'a  Mg.  Dec.  1G2);  March  29,  187:}  {id.  179); 
May  27,  187(5  (:5  Copp's  L.  O.  34). 

Minorai  lan.is  Sec.  41.'>.  The  provisious  of  the  preccdiug  SGCtious  of  tliis 
^wpted''  ^**^*  I'hapter  shall  not  api)ly  to  the  mineral  lands  situated  in  the 
States  of  ]Mi<',higan,  Wisconsin,  and  Minnesota,  which  are 
declared  free  and  0])eu  to  exploration  and  purchase,  accord- 
ing to  legal  subdivisions,  in  like  manner  as  before  the  tenth 
day  of  May,  eighteen  hundred  and  seventy-two.  And  any 
bona-tide  entries  of  such  lands  within  the  States  named  since 
the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
may  be  patented  without  reference  to  any  of  the  foregoing 
provisions  of  this  chapter.  Such  lands  shall  be  offered  for 
l)ubUc  sale  in  the  same  manner,  at  the  same  minimum  price, 
and  under  the  same  rights  of  pre-emi)tion  as  other  public 
lands. 

17  Stat.  465;  R.  S.  2345.  Decision  Com.  G.  L.  0.,  July  21,  1876 
(3  Copp's  L.  O.  132). 

Deposit*  of  coal,     Sec.  414.  Within  the  State  of  Missouri  and  Kansas  de- 
Mi^  *oarriidP^^^^  ^^  ^^^^'  ^^^'  ^^ad,  or  Other  mineral  are  excluded  from 
Kanaasexcepted.  the  Operation  of  the  preceding  sections  of  this  chapter,  and 
all  lands  in  said  States  shall  be  subject  to  disposal  as  agri- 
cultural lands. 
19  Stat.  52. 

Grams  of  lands     Sec.  415.  No  act  passcd  at  the  first  session  of  the  Thirty- 
to  States  or  cor-  eighth  Cougrcss,  granting  lands  to  States  or  coniorations 

porations  not  to  ,    &    .  ,   .      ,     »  'j.         j.-  /•  ^  /•  ^.i 

mcinde   mineral  to  aid  lu  the  coustruction  of  roads  or  for  other  purposes,  or 
^^^^-  to  extend  the  time  of  grants  made  i^rior  to  the  thirtieth  day 

of  January,  eighteen  hundred  and  sixty -five,  shall  be  so  con- 
strued as  to  embrace  mineral  lands,  which  in  aU  cases  are 
reserved  exclusively  to  the  United  States,  unless  otherwise 
specially  provided  in  the  act  or  acts  making  the  grant ;  and 
all  mineral  lands  are  excepted  from  the  operation  and  grants 
of  laws  heretofore  granting  lands  to  the  State  of  Colorado. 

13  Stat.  .576;  18  id.  476;  R.  S.  2346.  Heydenfeldt  v.  Mg.  Co.,  3 
Otto,  634.  Boggs  r.  Merced  Mg.  Co.,  14  Cal.  279;  Burdge  v. 
Smith,  14  id.  380;  Doran  v.  Railway  Co.,  24  id.  452;  Higgins  v, 
Houghton,  25  id.  252 ;  McLaughlin  r.' Powell,  50  id.  64.  Decisions 
Sec.  Int.,  May  20, 1870  (Copp's  Mg.  Dec.  31) ;  April  28, 1873;  April 
30,  1879.  Decisions  Com.  G.  L.  0.,  Fcl).  5,  1879  (5  Copp's  L.  O. 
178);  Dec.  19,  1879  (6  id.  152). 

Entry  of  :oai     Sec.  416.  Every  person  above  the  age  of  twenty-one  years, 
Unda.  lyiio  is  a  citizen  of  the  United  States,  or  who  has  declared 

his  intention  to  become  such,  or  any  association  of  persons 
severally  qualified  as  above,  shall,  upon  a])plication  to  the 
register  of  the  proper  land  office,  have  the  right  to  enter,  by 
legal  subdivisions,  any  quantity  of  vacant  coal  lands  of  the 
United  States  not  otherwise  appropriated  or  reserved  by 
competent  authority,  not  exceeding  one  hundred  and  sixty 
acres  to  such  individual  person,  or  three  hundred  and  twenty 
acres  to  such  association,  upon  payment  to  the  receiver  of 
not  less  than  ten  dollars  i^er  acre  for  such  lands,  where  the 


MINERAL    LANDS.  157 

same  shall  be  situated  more  than  fifteen  miles  from  any  com- 
pleted railroad,  and  not  less  than  twenty  dollars  per  acre  for 
such  lauds  as  shall  be  within  fifteen  miles  of  such  road. 

17  Stat.  G07;  E.  S.  2347.  Stroud  v.  Eailway  Co.,  4  DiUon,  C.  C* 
396.  Decisions  Com.  G.  L.  O.,  Aug.  11,  1873  (1  Copp'a  L.  O.  2); 
Marcli  28,  1874  (1  id.  3);  May  25, 1874  (3  id.  34) ;  Nov.  3, 1874  (3  id. 
135). 

Sec.  417.  Any  person  or  association  of  persons  severally  (.o^i'ia*™^*^''"  °^ 
qualified,  as  above  provided,  who  have  opened  and  im-  '^''^ 
proved,  or  shall  hereafter  open  and  improve,  any  coal  mine 
or  mines  upon  the  public  lands,  and  shall  be  in  actual  pos- 
session of  the  same,  shall  be  entitled  to  a  preference  right 
of  entry,  under  the  preceding  section,  of  the  mines  so  opened 
and  improved :  Provided,  That  when  any  association  of  uot 
less  than  four  persons,  severally  qualified  as  above  provided, 
shall  have  expended  not  less  than  five  thousand  dollars  in 
working  and  improving  any  such  mine  or  mines,  such  associ- 
ation may  enter  not  exceeding  six  hundred  and  forty  acres, 
including  such  mining  improvements. 
17  Stat.  607 ;  E.  S.  2348. 

Sec.  418.  All  claims  under  the  preceding  section  niust  ^.j^^e-empt^o» 
be  presented  to  the  register  of  the  proper  land  district  within  lana  to  be  pre- 
sixty  days  after  the  date  of  actual  possession  and  the  com-  s™tyda^,*&c.*'^ 
mencement  of  improvements  on  the  land,  by  the  filing  of  a 
declaratory  statement  therefor ;  but  when  the  township  plat 
is  not  on  file  at  the  date  of  such  improvement,  filing  must 
be  made  within  sixty  days  from  the  receipt  of  such  plat  at 
the  district  office ;  and  where  the  improvements  shall  have 
been  made  i^rior  to  the  expiration  of  three  months  from  the 
third  day  of  March,  eighteen  hundred  and  seventy-three, 
sixty  days  from  the  expiration  of  such  three  months  shall  be 
allowed  for  the  filing  of  a  declaratory  statement,  and  no 
sale  under  the  provisions  of  this  section  shall  be  allowed 
untn  the  expiration  of  six  months  from  the  third  day  of 
March,  eighteen  hundred  and  seventy-three. 

17  Stat.  607;  E.  S.  2349.  Decision  Com.  G.  L.  O.,  Aug.  11,  1873 
(1  Copp'e  L.  O.  3). 

Sec.  419.  The  three  preceding  sections  shall  be  held  to  au-  Oniy  one  cntrj 
thorize  only  one  entry  by  the  same  person  or  association  of  *^*°^^* 
persons ;  and  no  association  of  persons  any  member  of  which 
shall  have  taken  the  benefit  of  such  sections,  either  as  an 
individual  or  as  a  member  of  any  other  association,  shaU 
enter  or  hold  any  other  lands  under  the  provisions  thereof; 
and  no  member  of  any  association  which  shall  have  taken 
the  benefit  of  such  sections  shall  enter  or  hold  any  other 
lands  under  their  provisions ;  and  all  persons  claiming  under 
section  four  hundred  and  seventeen  shall  be  required  to  ' 

prove  their  respective  rights  and  pay  for  the  lands  filed 
upon  within  one  year  from  the  time  prescribed  for  filing 
their  respective  claims ;  and  upon  failure  to  file  the  proper 
notice,  or  to  pay  for  the  land  Avithin  the  required  period, 
the  same  shall  be  subject  to  entry  by  any  other  qualified 
applicant. 

17  Stat.  607  ;  E.  S.  2350. 


IGO  WAI'KK    KMdIITS. 

I'liH.ii  Watir  t'o.  V.  Crnry,  25  id.  504;  St.  John  t>.  Kidd,  2()  id. 
"JGl;  Unnlloy  f.  llarkne!=s,  2(5  id.  dl);  Aiiiorican  r.  Bradford,  27  ir/. 
:u;0;  Hill  r."  Siiiilli.  27  i(/.  MO;  IVnca  r.  Kiiipo,  2d  )(/.  ;MU;  Mc- 
Donald r.  Askfw,  2"J  id.  2U0 ;  lIoiidiTson  c.  McNau;;htoii,  ;U  u/. 
2G;  Davis  v.  Gulo.  :52  it/.  2() ;  Gibson  r.  Puchlii,  3:{  i(i.  310;  Rich- 
ardson V.  Kior,  34  id.  03;  Nevada  Water  Co.  t'.  Powell,  34  id.  10l> ; 
Chirk  V.  Willett,  35  id.  535;  C.-unpbell  v.  I?.  K.  and  W.  M.  Co.,  35 
id.  ti7'.' ;  Kichurd.son  r.  Kier,  37  id.  2l")7 ;  Gregor  r.  Nelson,  41  u/. 
27U ;  Hanson  r.  .McCune,  12  id.  3U3 ;  C'orrea  v.  Frietas,  42  id.  33U ; 
Smith  1".  O'Hara,  43  id.  ','>7\  ;  Stone  v.  Buuipus,  4G  id.  218;  Opbnru 
r.  Connor,  4G  id.  347;  Quirk  r.  Tralk,  47  id.  453;  Brodcr  v.  N.  W. 
and  M.  Co.,  50  id.  021 ;  Keynoldn  r.  Ilosnier,  51  id.  205 ;  Titcoiub  r. 
Kirk,  51  id.  288;'  Cavo  v.  Crafts,  53  id.  133.  Decisions  Com.  G.  L. 
O.,  Nov.  23,  18G9  (Copp's  SIg.  Dec.  24);  April  IG,  1H71  (id.  42); 
March  21,  1872  (id.  82). 

Patents,  pro-     Sec.  -423.  All  piitciits  granted,  or  pre-emption  or  home- 

h^lestw^' sS)*^  ^^^''^^^^  allowed,  shall  bo  .subject  to  any  vested  and  accrued 

ject  to  vested  and  watci'-riglits,  or  riglits  to  ditches  and  reservoirs  used  in  con- 

Ti^^a^  ""^'^'"'nection  with  such  water-rights,  as  may  have  been  acquired 

under  or  recognized  by  the  preceding  section. 

IG  Stat.  218;  K.  S.  2340.  Union  Mill.  andMg.  Co.  v.  Ferris,  2  Saw. 
C.  C.  176;  Union  Mill  and  Mining  Co.,  v.  Dangberg,  2  id.  451. 
Vansickle  v.  Ilaixis,  7  Nev.  249;  Barnes  v.  Sabrou,  10  id.  217; 
Thorp  t'.  Freed,  1  Montana,  G52,  Ogbnrn  v.  Connor^  4G  Cal.  347; 
Broderr.  N.  W.  and  M.  Co.,  50  id.  G21.  Decisions  Com.  G.  L.  O., 
April  16,  1871  (Copp's  Mg.  Dec.  42);  March  21,  1872  {id.  82). 

nfle°of^water  0*0     ^^^"  ^^'^'  "^^^^  right  to  the  use  of  water  for  the  reclama- 
pnbiio  lands  for  tion  of  dcscrt  lauds,  in  accordance  with  the  provisions  of 
reclamation.       .^^  ^^^  approved  March  third,  eighteen  hundred  and  seventy- 
seven,  shall  depend  upon  bona-fide  prior  appropriation :  and 
such  right  shall  not  exceed  the  amount  of  water  actually 
appropriated,  and  necessarily  used  for  the  purpose  of  irri- 
gation and  reclamation:  and  all  surplus  water  over  and 
above  such  actual  appropriation  and  use,  together  with  the 
water  of  lakes,  rivers  and  other  sources  of  water  supply 
upon  the  public  lands  and  not  navigable,  shall  remain  and 
be  held  free  for  the  appropriation  and  use  of  the  public  for 
irrigation,  mining  and  manufacturing  purposes  subject  to 
existing  rights. 
19  Stat.  377. 

Navigable  riT-     Seo.  425.  All  navigable  rivers,  within  the  territory  occu- 

S^dTto  be  public  pied  by  the  public  lands,  shaU  remain  and  be  deemed  pub- 

Wghways.         lie  highways  ;  and,  in  all  cases  where  the  opposite  banks  of 

any  streams  not  navigable  belong  to  different  j^ersons,  the 

stream  and  the  bed  thereof  shall  become  common  to  both. 

1  Stat.  468;  2  id.  235;  R.  S.  2476.  New  Orleans  v.  U.  S.,  10  Pot. 
662;  PoUard  v.  Hagen,  3  How.  212;  Pollard  r.  Kibble,  9  id.  471 ; 
Hullett  V.  Beebe,  13  id.  25;  Withers  v.  Buckley,  20  id.  84;  Rail- 
way Co.  V.  Schurmeir,  7  Wall.  272;  Yates  v.  Milwankoe,  10  id. 
497;  The  Daniel  Ball,  10  id.  .557;  The  Montello,  11  id.  411,  20  id. 
430;  Barney  v.  Keokuk,  4  Otto,  324.  Woodman  v.  Kilbum,  1 
Abbott,  C.  C.  158;  Avery  v.  Fox,  1  id.  246;  Northern  Union  Packet 
Co.  V.  Atles,  2  DiUoD,  C.  C.  479:  Forsyth  v.  Small,  7  Bissell,  C. 
C.  201 ;  Grange  v.  Snart,  1  Woolw.  C.  C.  88.  Vansickle  v.  Har- 
ris, 7  Nev.  249;  Leake  v.  Tolls,  8  id.  286;  Gavit  v.  Chambers,  3 
Ohio,  496;  Blanchard  v.  Porter,  11  id.  138;  Walker  v.  Board  of 
PubUc  Works,  16  id.  540;  Gihnan  v.  RiasseU,  18  Mich.  144;  Wat- 
son V.  Peters,  26  id.  508;  Treat  v.  Bates,  27  id.  390;  Bay  City  Gas 
Light  Co.  V.  Industrial  Works,  28  id.  181;  Att'y-Gen.  v.  l^vart 
Booming  Co.,  34  id.  462;  Jones  v.  Pettibonc,  2  Wis.  308;  Walker 
V.  Stephenson,  4  id.  486;  Mariner  r.  Schulte,  13  fd.  692;  Timm  r. 
Bear,  29  id.  254;  Wright  v.  Day,  33  id.  260;  Oleson  v.  Men-ill,  42 
id.  203;  Delaplano  v.  Railway  Co.,  42  id.  214;  Borman  v.  Sun- 


WATER    RIGHTS.  161 

nuches,  42  id.  233;  Diedrich  v.  Railway  Co.,  42  id.  248;  Steven* 
Point  Boom  Co.  v.  Reilly,  44  id.  295;  same  case,  46  id.  237;  Ha- 
zeltiue  v.  Core,  46  id.  391;  Rippe  v.  Railway  Co.,  23  Minn.  18: 
Bresbine  v.  Railway  Co.,  23  id.  114 ;  McManus  v.  Carmichael,  3 
Iowa,  1 ;  Haiglit  v.  Keokuk,  4  id.  405 ;  Tomlin  v.  Railway  Co.,  32 
id.  106;  Masseri'.  Hersliey,  42  id.  356;  Houghton  v.  Railway  Co., 
47  id.  370;  Bainbridge  v.  Sherlock,  29  lud.  364;  Martin  v.  Evans- 
ville,  32  id.  85;  Sherlock  v.  Bainbridge,  41  id.  35;  Ridgeway  ». 
Ludlow,  58  id.  248;  Taylor  v.  Fickas,  64  id.  168;  Midileton  v. 
Pritchard,  4  Ills.  510 ;  People  v.  St.  Louis,  10  id.  351 ;  Trustees  v. 
Haven,  10  id.  548 ;  Stolp  v.  Hoyt,  44  id.  219 ;  Chicago  v.  Laflin, 
49  id.  172 ;  Chicago  v.  McGinn,  50  id.  266 ;  Hubbard  v.  Bell,  54 
id.  110;  Lovington  v.  County  of  St.  Claire,  64  id.  56;  Braxton  v, 
Bressler,  64  id.  488 ;  Houck  v.  Yates,  82  id.  179 ;  Lamers  i'.  Nissen, 
4  Neb.  245 ;  Weise  v.  Smith,  3  Oreg.  445 :  Brown  v.  Kentfield,  50 
Cal.  129 ;  O'Fallen  v.  Doggett,  4  Mo.  209 ;  Benson  v.  Morrow,  61 
id.  345 ;  Duvoige  v.  Salter,  6  La.  Ann.  450 ;  Boykin  v.  Shaffer,  13 
id.  129.  Decision  Com.  G.  L.  0.  Feb.  20, 1874  (Copp's  L.  L.  763). 
Manual  of  Surveying  Instructions  (1  Lester's  L.  Li.  714), 


CHAPTER    FIFTEEN. 

DONATIONS. 

For  all  laws  granting  donation  rights  to  citizens  of  the  ,  ^*![»  ^f*?'*^ 
several  States,  see  "Local  and  Temporary  Laws,"  under  the  *"**  <«»  8  <*• 
caption  of  each  State. 

11  L  O 


CHAPTER     SIXTEEN 

DESERT  LANDS. 


Sec. 

427.  Definition  of  desert  lands. 

428.  Localities  to  which  the  law  applies. 


A26,  De«©rt  lands  may  be  purchased. 
Declaratiou.  Right  to  use  water. 
Water  on  i)iiblic  lands  to  bo  free. 
Contents  of  declaration.  Perfec- 
tion of  title.  Limitation  upon 
quantity.  I 

^be'"  nV     ^^^'  '^•^^"  ^^  ^^'^^^  ^^^  lawful  for  any  citizen  of  the  United 
di»^.  ^  P  "'■  States,  or  any  i^erson  of  requisite  age  "  who  may  be  entitled 
to  become  a  citizen,  and  who  has  filed  his  declaration  to  be- 
come such"  and  upon  payment  of  twenty-five  cents  per 
Deci»nition.     acre — to  file  a  declaration  under  oath  with  the  register  and 
the  receiver  of  the  land  district  in  which  any  desert  land  is 
situated,  that  he  intends  to  reclaim  a  tract  of  desert  land 
not  exceeding  one  section,  bj"  conducting  water  upon  the 
same,  within  the  period  of  three  years  thereafter,  Provided 
Right  to  uwhowever  That  the  right  to  the  use  of  water  by  the  per- 
wat*r.  g^j^  gQ  conducting  the  same,  on  or  to  any  tract  of  desert 

land  of  six  hundred  and  forty  acres  shall  depend  upon  bona- 
vr»ter  on  pub-  fide  prior  appropriation :  and  such  right  shall  not  exceed 
ac  unda  to  be  x\^q  amount  of  water  actually  appropriated,  and  necessarily 
used  for  the  purpose  of  irrigation  and  reclamation :  and  all 
suri)lus  water  over  and  above  such  actual  appropriation  and 
use,  together  with  the  water  of  all,  lakes,  rivers  and  other 
sources  of  water  supply  upon  the  public  lands  and  not  nav- 
igable, shall  remain  and  be  held  free  for  the  appropriation 
and  use  of  the  i)iiblic  for  irrigation,  mining  and  mauufac- 
Contenuofdeo-  turing  purposes  subject  to  existing  rights.     Said  declaration 
laration.  shall  dcscribc  particularly  said  section  of  land  if  surveyed, 

and,  if  unsurveyed,  shall  describe  the  same  as  nearly  as 
Perfection  of  P^ssiblc  without  a  siu'vcy.    At  any  time  within  the  period 
titie-  of  three  years  after  filing  said  declaration,  upon  making  sat- 

isfactory' i^roof  to  the  register  and  receiver  of  the  reclama- 
tion of  said  tract  of  land  in  the  manner  aforesaid,  and  upon 
the  payment  to  the  receiver  of  the  additional  sum  of  one 
dollar  per  acre  for  a  tract  of  land  not  exceeding  six  hundred 
and  forty  acres  to  any  one  person,  a  patent  for  the  same 
Limitation npon  shall  be  issucd  to  him.  Provided,  That  no  person  shall  be 
quantity.  permitted  to  enter  more  than  one  tract  of  land  and  not  to 

exceed  six  hundred  and  forty  acres  which  shall  be  in  com- 
pact form. 

18  Stat.  497;  19  id.  377.     Decisions  Sec.  Int.,  Feb.  11, 1880  (7  Copp's 
L.  O.  8) ;  April  15,  1880  (7  id.  26).     Decisions  Com.  G.  L.  0.,  April 

8, 1875  (2  Copp's  L.  O.  44)  ;  (6  id.  192) ;  March  30, 1880  (7  id. 

26).     Cir.  G.  L.  O.,  March  12, 1877  (4  Copp's  L.  O.  22) ;  Juno  25, 
1878  (5  id.  78);  Oct.  1,  1678;  July  16,  1879(6  Copp's  L.  0.76). 
General  Cir.,  Sept.  1,  1879,  p.  27.     (For  authorities  relating  to 
water-rights  see  sec.  422). 
162 


DESERT   LANDS.  163 

Sec.  427.  All  lands  exclusive  of  timber  lands  and  mineral  ^g^J^*^  **' 
lands  which  will  not,  without  irrigation,  produce  some  agri- 
cultural crop,  shall  be  deemed  desert  lands,  within  the  mean- 
ing of  this  act,  which  fact  shall  be  ascertained  by  proof  of 
two  or  more  credible  witnesses  under  oath,  whose  affidavits 
shall  be  filed  in  the  land  office  in  which  said  tract  of  land 
may  be  situated. 

18  Stat.  497  ;  19  id.  377. 

Sec.  428.  This  chapter  shall  only  apply  to  and  take  effect  Locauties  to. 
in  the  States  of  California,  Oregon  and  ifovada,  and  the^^f  **'*^'*^*P• 
TelTitoriesof  Washington,  Idaho,  Montana,  Utah,  Wyoming 
Arizona,  New  Mexico  and  Dakota,  and  the  determination 
of  what  may  be  considered  desert  land  shall  be  subject  to 
the  decision  and  regulation  of  the  Commissioner  of  the 
General  Land  Office. 

18  Stat.  497;  19  id.  377. 


c  II A  p  T  E  u  8 1-:  \'  I-:  X  T  I-:  e  n. 

REPAYMENTS  OF  PURCHASE  MONEY. 

8«c  I  Sec. 

429.  Purchase  money  refunded  where  sale     432.  Purchase  money,  fees,  and  commia- 

lannot  be  coufirmed.  sions  on  erroneous  entries,  or  where 

430.  Kil'uudiiiLj  in  oortaiu  cases,  how  done.  sales  cannot  be  conlirmed. 

431.  lu-paynuMits  on  void  soldiers'  addi-  '  433.  Eegulatious  for  repayments.     War- 

tional  homestead  locations.  rants  on  Treasury  for  same. 

Purchase  money  Sec.  429.  The  Secretary  of  the  Interior  i.s  authorized,  upon 
^'^l-" tannot^*^be  I'^c^of  being  uiadc,  to  his  satisfaction,  that  any  tract  of  land 
confirmed.  has  been  erroneously  sold  by  the  United  States,  so  that  from 

any  cause  the  sale  cannot  be  confirii:ed,  to  repay  to  the  pur- 
chaser, or  to  his  legal  representatives  or  assignees,  the  sum 
of  money  which  was  paid  therefor,  out  of  any  money  in  the 
Treasury  not  otherwise  ai)propriated. 

4  Stat.  80 ;  11  id.  387 ;  R.  S.  23G2.  2  Op.  Att.  Gen.  186 ;  3  id.  92, 
240;  4  id.  277.  Decisions  Sec.  Int.,  Aug.  17,  1849;  Feb.  26,  1852 
(1  Lester's  L  L.  673) ;  March  S,  1852  (1  id.  671) ;  July  24,  1852  (1  id. 
672);  Dec.  19, 1853  {lid.  673);  Nov.  21,  18.57  (1  id. 675) ;  Jan.  18, 1859 
(1  id.  676);  March  25, 1859  (1 «.  677);  .June  25, 18.59  (1  id.  677) ;  Aug. 
9,  1859  {lid.  675);  Julv  23,  1864;  Dec.  27,  1870;  Dec.  19,  1873; 
March  3,  1874  ;  Feb.  8,'l878;  April  15,  1878;  June  3,  1378;  Aug. 
5,  1873 ;  Aug.  12,  1873 ;  Aug.  15,  1878  (5  Copp's  L.  0.  127) ;  Sept. 
5, 1878 ;  Sept.  23,  1878 ;  Nov.  20,  1873  ;  Mav  7,  1879 ;  May  25,  1879; 
Juno  26,  1879  (6  Copp's  L.  O.  9G) ;  Julv  1,  1879  (6  u7.'96) ;  July 
29,  1879  (6  id.  95);  Jan.  8,  1880  (6  id.  192) :  Feb.  11,  1880  (7  id.  8). 
Decisions  Sec.  Treas.,  March  11,  1831  (2  Law.s,  Instructions,  and 
Opinions,  440) ;  April  17, 1832  (2  id.  460) ;  April  20, 1877  (4  Copp's 
L.  O.  110).  Decisions  Com.  G.  L.  0.,  Aug.  31,  1830  (2  Laws,  In- 
structions, and  Opinions,  432) ;  Dec.  20, 1858  (1  Lester's  L.  L.  675) ; 
Julv  18,  1871;  Sept.  20,  1372;  April  12,  1875;  Jan.  27,  1876  (2 
Copp's  L.  0.  130);  June  7,  1879;  Sept.  12,  1879.  Cir.  G.  L.  0., 
Aug.  31,  1330  (1  Lester's  L.  L.  667) ;  Sept.  12, 1843  (1  id.  669);  Jan. 
12, 1854  {lid.  670);  Aug.  7,  1878  (5Copp's  L.  0.  110);  Juue27,  1879; 
Aug.  6,  1880  (7  Copp's  L.  O.  90). 

Eefunding  i  n  Sec.  430.  Where  any  tract  of  land  has  been  erroneously 
certain  cases,  Low  g^|j^  ^^  described  in  the  preceding  section,  and  the  mouey 
which  was  paid  for  the  same  has  been  invested  in  any  stocks 
held  in  trust,  or  has  been  paid  into  the  Treasury  to  the  credit 
of  any  trust  fund,  it  is  lawful,  by  the  sale  of  such  portion  of 
the  stocks  as  may  be  necessary  for  the  purpose,  or  out  of 
such  trust  fund,  to  repay  the  purchase  money  to  the  parties 
entitled 'thereto. 

11  Stat.  388  ;  It.  S.  2363. 

Repavmentsou     Sec.  431.  Ill  all  cascs  whcrc  it  shall  be  made  to  appear 
dit'k.n^  h^^'e  •  to  the  satisfaction  of  the  Secretary  of  the  Interior,  upon  due 
Btead  iocation.s.   proof,  that  Inuoceut  parties  have  paid  the  fees  and  commis- 
sions and  excess  payments  required  upon  the  location  of 
soldiers'  additional  homestead  claims,  located  under  sec- 
tion two  hundred  and  thirty-seven,  which  claims  were  found 
to  be  fraudulent  and  void  after  location  and  the  entries  or 
locations  made  thereon  canceled,  the  Secretary  of  the  Inte- 
164 


EEPAYMENTS  OF  PURCHASE  MONEY.  165 

rior  is  authorized  to  repay  to  such  innocent  parties  the  fees 
and  commissions,  and  excess  payments  paid  by  them,  upon 
the  surrender  of  the  receipts  issued  therefor  by  the  receivers 
of  pubhc  moneys,  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated,  and  shall  be  payable  out  of  the  ap- 
propriation to  refund  purchase  money  on  lands  erroneously 
sold  by  the  United  States. 

21  Stat.  287.     Cir.  G.  L.  O.,  Aug.  6,  1830  (7  Copp's  L.  O.  90). 

Sec.  432.  In  all  cases  where  homestead  or  timber-culture    Pnrchase  mon- 
or  desert-land  entries  or  other  entries  of  public  lands  have  ^ioM^^oi^'^er- 
heretofore  or  shall  hereafter  be  canceled  for  conflict,  orroneouaentrieaor 
where,  from  any  cause,  the  entry  has  been  erroneously  al-  rot^beco^nfbmed 
lowed  and  cannot  be  confirmed,  the  Secretary  of  the  Interior 
shall  cause  to  be  repaid,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  to  the  person  who  made  such 
entry,  his  heirs  or  assigns,  the  fees  and  commissions,  amount 
of  purchase  money,  and  excesses  paid  upon  the  same  upon 
the  surrender  of  the  duplicate  receipt  and  the  execution  of  a 
I)roper  relinquishment  of  all  claims  to  said  land,  whenever 
such  entry  shall  have  been  duly  canceled  by  the  Commis- 
sioner of  the  General  Land  Office ;  and  in  all  cases  where 
parties  have  paid  double-minimum  price  for  land  which  has 
afterwards  been  found  not  to  be  within  the  limits  of  a  rail- 
road land  grant,  the  excess  of  one  dollar  and  twenty-five 
cents  per  acre  shall  in  like  manner  be  repaid  to  the  pur- 
chaser thereof,  or  to  his  heirs  or  assigns. 

21  Stat.  287.     Cir.  G.  L.  O.,  Aug.  6,  1880  (7  Copp's  L.  0.  90). 

Sec.  433.  The  Commissioner  of  the  General  Land  Office    Kegniationsfot 
shall  make  all  necessary  rules,  and  issue  all  necessary  in-^^^r*  ant°*o*n 
structiou s,  to  carry  into  effect  the  foregoing  sections  relating  Treasury  for 
to  repayments,  and  the  Secretary  of  the  Interior  shall  draw  ^!™^' 
his  warrant  on  the  Treasury  for  the  repayment  of  all  i)ur- 
chase  money,  fees,  commissions  and  excesses,  and  the  same 
shall  be  paid  without  regard  to  the  date  of  the  cancellation 
of  the  entries. 

21  Stat.  287.     Cir.  G.  L.  O.,  Aug.  6, 1880  (7  Copp's  L.  O.  90). 


CHAPTER     EIGHTEEN 

RESERVATIONS. 


434.  Reservations  iu  Florida,  how  sold. 

435.  Sale  of  military  sites  under  general 

laws    prohibited ;     proviso    as    to 
Florida. 

436.  Minimum  price,  how  fixed,  when  res- 

ervations are  sold. 


Sec. 

437.  Reservations,  how  surveycjd. 

438.  Sale  of  buildings  belonging  to  United 

States. 

439.  Sale  of  lands  with  buildings. 


R^eervationsin 
Floriilii,bow»old. 


ProTiso. 


PtotIso 
Florida. 


as 


Sec.  43'4.  All  public  lands  heretofore  reserved  for  mili- 
tary i)urposes  in  the  State  of  Florida,  which,  in  the  opinion 
of  the  Secretary  of  War,  arc  no  longer  useful  or  desired  for 
such  purposes,  or  so  much  thereof  as  said  Secretary  may 
designate,  shall  be  placed  under  the  control  of  the  General 
Land  Office,  and  be  disposed  of  and  sold  iu  the  same  man- 
ner and  under  the  same  regulations  as  other  public  lands  of 
the  United  States:  Provided,  That  said  lands  shall  not  be 
so  placed  under  the  control  of  the  General  Land  Office  until 
the  opinion  of  the  Secretary  of  War,  giving  his  consent,  is 
communicated  to  the  Secretary  of  the  Interior  iu  writing 
and  filed  and  recorded. 
11  Stat.  87. 

eit^^MdM^^IS-  ^^^'  ^^^'  ^-filitary  sites  which  are  or  may  become  useless 
eraVia'^8  proilb-  for  military  purposes  shall  not  be  subject  to  sale  or  pre  emp- 
'^*^'^  tion  under  any  of  the  laws  of  the  United  States :  Provided, 

^  That  this  section  shall  not  apply  to  military  sites  in  the 
State  of  Florida,  the  sale  of  which  is  authorized  by  the  pre- 
ceding section. 
11  Stat.  336. 

h^^J^^^Tn     ^^^'  ^^^'  Whenever  any  reservation  of  public  lands  is 

reservations  sold,  brought  iiito  market,  the  Commi-^sioner  of  the  General  Land 

Office  shall  fix  a  minimum  price,  not  less  than  one  dollar 

and  twenty-five  cents  per  acre,  below  which  such  lands  shall 

not  be  disposed  of. 

13  Stat.  374 ;  R.  S.  2364. 

how^BmTeye*d^^'  ^^^'  ^^^'  Whenever  it  becomes  necessary  to  survey  any 
Indian  or  other  reservations,  or  any  lands,* the  same' shall 
be  surveyed  under  the  direction  and  control  of  the  General 
Land  Office,  and  as  nearly  as  may  be  in  conformity  to  the 
rules  and  regulations  under  which  other  public  lands  are 
surveyed. 

13  Stat.  41;  R.  S.  2115. 

inltbeion^'^to     ^^^-  ^^^-  "^^^  Secretary  of  the  Interior  is  authorized  to 
theUnited'States.  causc  all  such  buildiugs  belonging  to  the  United  States,  as 
have  been,  or  hereafter  shall  be,  erected  for  the  use  of  their 
agents,  teachers,  farmers,  mechanics,  and  other  persons  em- 
ployed amongst  the  Indians,  to  be  sold  whenever  the  lantls 

IGG 


RESERVATIONS.  167 

on  whjcli  the  same  are  erected  have  become  the  property  of 
the  United  States,  and  are  no  longer  necessary  for  such  pur- 
poses. 

5  Stat.  611 ;  R.  S.  2122. 

Sec.  439.  The  Secretary  of  the  Interior  is  authorized  to  ^^^^bnSdin*"^ 
cause  to  be  sold,  at  his  discretion,  with  each  of  such  build-  *** 

tngs  as  are  mentioned  in  the  preceding  section,  a  quantity 
of  land  not  exceeding  one  section ;  and  on  the  payment  of 
the  consideration  agreed  for  into  the  Treasury  of  the  United 
States  by  the  purchaser,  the  Secretary  shall  make,  execute, 
and  deliver  to  the  purchaser  a  title  in  fee-simple  for  such 
lands  and  tenements. 
5  Stat.  611 ;  R.  S.  2123. 

Note. — For  laws  reserving  timber  lands  for  naval  purposes,  see  Tim- 
ber and  Timber  Culture,  chapter  is. 

For  acts  reserving  lands  for  public  parks  and  for  other  purposes,  se* 
"Local  and  Temporary  Laws"  relating  to  the  States  and  Territories  tn 
which  such  reservations  are  located. 

For  authority  of  President  to  make  reservations  for  public  purposes, 
see  Wilcox  v.  Jackson,  13  Pet.  498 ;  U.  S.  v.  Fitzgerald,  15  id.  407 ;  U.  8. 
V.Chicago,  7  How.  185;  U.  S.  v.  Stone,  2  Wall.  525;  Wolcott  v.  Des 
Moines  Co.,  5  id.  681 ;  Grisar  v.  McDowell,  6  id.  363. 


CHAPTER   NINETEEN 


EASEMENTS. 


S*o. 

140.  Nftvigable  livors  public  hijjhways. 
Streams  not  uavigable,  bauks  of. 

441.  Ri^lit  of  way  for  highways  over  pub- 
he  lands. 

44*J.  If  lands  granted  for  right  of  way  are 
not  usetl,  (fee,  to  revert  to  the  Gov- 
ernment. 

443.  Mineral  locators'  rights  of  possession 

and  enjoyment. 

444.  Kight  of  way  in  intersecting  veins  in 

mines. 

445.  What  conditions  of  sale  may  be  made 

by  local  legislature. 

446.  Vested  rights  to  use  of  water  for  min- 

ing, &c. ;  right  of  way  for  canals. 

447.  Patents,    pre-emi)tions,    and    home- 

steads subject  to  vested  and  ac- 
crued water-rights. 

448.  Right    of    way,  materials,    station- 

grounds,  »S:c.,  granted  to  railroads. 

449.  Rights  of  several  railroads  through 

cafion,  pass,  or  defile.     Crossing  at 
grade.     Wagon  roads,  rights  o£ 


1  Sec. 
:  450. 

451. 


452. 
453. 
454. 

455. 
456. 
457. 

458. 

459. 
460. 

461. 


Private  lauds  and  possessory  claims, 
how  condemned. 

Profile  of  road  claiming  benefits, 
when  to  be  tiled.  Disposal  of  lands 
subject  to  right  of  way.  Forfeiture 
of  right. 

Application  of  this  act. 

Right  to  alter,  amend,  &c. 

Use  of  public  domain  by  telegraph 
company. 

Use  of  materials  from  public  lauds. 

These  rights  not  trausferable. 

Government  to  have  priority  in  trans- 
mission of  messages. 

Government  entitled  to  purchase 
lines. 

Acceptance  of  obligations  to  be  filed. 

Penalty  for  refusal  to  transmit  dis- 
patches. 

Timber  lands  to  be  patented  subject 
to  accrued  right  of  way  and  water- 
rights. 


Xarlgable  riv- 


Iga 
ibl 


Sec.  440.  All  navigable  rivers,  within  the  territory  occu- 
^^ntiic  high-  pjg^i  -^j  ^Yie,  public  lauds,  shall  remain  and  be  deemed  public 
Streams  not  highways;  and,  in  all  cases  where  the  opposite  banks  of  any 
navigable,  banks  streams  not  navigable  belong  to  different  persons,  the  stream 
and  the  bed  thereof  shaU  become  common  to  both. 
1  Stat.  468;  2  id.  235 ;  R.  S.  2476. 
Eight  of  way     Sec.  441.  The  right  of  way  for  the  construction  of  high- 
oTerpnbiicianaa.  ways  over  public  lauds,  not  reserved  for  public  uses,  is 
hereby  granted. 

14  Stat.  253;  R.  S.  2477.     Railway  Co.  v.  Gordon,  S.  C.  Mich.,  Oct. 
T.  1879  (7  Copp's  L.  O.  158). 

If  lands  srant-  Sec.  442.  If  any  rail  or  plank  road  or  macadamized  turn- 
way  are  "of  ulcdfpike  company  to  whom  the  right  of  way  or  sites  for  water- 
t^e'Govemment*' ^"^  placcs,  dcpots  and  work-shops  over  and  through  the 
public  lands  of  the  United  States  was  granted  by  the  aet 
of  Congress  approved  August  fourth,  eighteen  hundred  and 
fifty-two,  and  by  the  acts  amendatory  thereto,  shall  at  any 
time  after  its  completion  be  discontinued  or  abandoned  by 
said  company  or  companies,  the  grants  made  by  said  acts 
shall  cea.se  and  determine,  and  the  lands  shall  revert  back 
to  the  United  States. 

10  Stat.  28,  29,  083 ;  12  id.  577.    Decision  Com.  G.  L.  0.,  July  16, 1857, 

Mineral  locat-     Sec.  443.  The  locators  of  all  mining  locations  heretofore 

a^ra^  M*d  ^eu-  ^^^e  or  which  shall  hereafter  be  made,  on  any  mineral  vein, 

joyment  lodc,  or  ledge,  situated  on  the  public  domain,  their  heirs  and 

assigns,  where  no  adverse  claim  exists  on  the  tenth  day  of 

May,  eighteen  hundred  and  seventy-two,  so  long  as  they 

168 


EASEMENTS.  169 

comply  with  the  laws  of  the  Uuited  States,  and  with  State, 
teiTitorial,  and  local  regulations  not  in  conflict  with  the 
laws  of  the  United  States  governing  their  possessory  title, 
shall  have  the  exclusive  right  of  possession  and  enjoyment 
of  all  the  surface  included  within  the  lines  of  their  locations, 
and  all  veins,  lodes,  and  ledges  throughout  their  entire 
depth,  the  top  or  apex  of  which  lies  inside  of  such  surface 
hues  extended  downward  vertically,  although  such  veins, 
lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in 
their  course  dowjiward  as  to  extend  outside  the  vertical 
side  lines  of  such  surface  locations.  But  then-  right  of  pos- 
session to  such  outside  parts  of  such  veins  or  ledges  shall 
be  confined  to  such  portions  thereof  as  lie  between  vertical 
planes  drawn  downward  as  above  described,  through  the 
end  lines  of  their  locations,  so  continued  in  their  own  direc- 
tion that  such  planes  will  intersect  such  exterior  parts  of 
such  veins  or  ledges.  And  nothing  in  this  section  shall 
authorize  the  locator  or  possessor  of  a  vein  or  lode  which 
extends  in  its  downward  course  beyond  the  vertical  lines  of 
his  claim  to  enter  upon  the  surface  of  a  claim  owned  or  pos- 
sessed by  another. 

17  Stat.  91 :  19  id.  52;  E.  S.  •2322.     (For  autliorities  see  sec.  390.) 

Skc.  444.  Where  two  or  more  veins  of  mining  claims  inter-  in^'^tenLSr 
sect  or  cross  each  other,  the  owners  of  the  mine  last  located  veins  in  minM. 
shall  have  the  right  of  way  through  the  space  of  intersec- 
tion for  the  purposes  of  the  convenient  working  of  the  mine. 

17  Stat.  96;  19  id.  52;  R.  S.  2336.  (For  authorities  see  sec.  404.) 

Sec.  445.  As  a  condition  of  sale,  in  the  absence  of  neces-  whatcondiUoM 
sary  legislation  by  Congress,  the  local  legislature  of  any  ^ad^  by™*oo»i 
State  or  Territory  may  provide  rules  for  working  mines,  in-  legislature. 
volving  easements,  drainage,  and  other  necessary  means  to 
their  complete  development ;  and  those  conditions  shall  be 
fully  expressed  in  the  patent. 

14  Stat.  252 ;  19  id.  .52 ;  R.  S.  233-!. 

Sec.  416.  Whenever,  by  priority  of  possession,  rights  to    vested  righu 
the  use  of  water  for  mining,  agricultural,  manufacturing,  orfor^mining^&o.' 
other  purposes,  have  vested  and  accrued,  and  the  same  are  "^sj^^Jg"^  ^*y  ^*"" 
recognized  and  acknowledged  by  the  local  customs,  laws, 
and  the  decisions  of  courts,  the  possessors  and  owners  of 
such  vested  rights  shall  be  maintained  and  protected  in  the 
same ;  and  the  right  of  way  for  the  construction  of  ditches 
and  canals  for  the  i^urposes  herein  specified  is  acknowledged 
and  confirmed ;  but  whenever  any  person,  in  the  construc- 
tion of  any  ditch  or  canal,  injures  or  damages  the  possession 
of  any  settler  on  the  public  domain,  the  party  committing 
such  injury  or  damage  shall  be  liable  to  the  party  injured 
for  such  injury  or  damage. 

14  Stat.  253;  R.  S.  2339.  (For  authorities  see  sec.  422.) 

Sec.  447.  All  patents  granted,  or  pre-emption  or  home-  Paunts,  pre- 
steads  allowed,  shall  be  subiect  to  any  vested  and  accrued o'"pt»""3,  »nd 
water-rights,  or  rights  to  ditches  and  reservoirs  used  m  con- ject  to  vested  and 
nection  with  such  water-rights,  as  may  have  been  acquired  rights!'^  water 
under  or  recognized  by  the  preceding  section. 

16  Stat.  21H;  R.  S.  2340.     (For  authorities  see  sec.  423.) 


1 70  EASEMENTS. 

Kisht  of  wnv.  Sec.  44S.  The  right  of  way  through  the  public  hiuds  of 
Tro'if^dV.'^io'.'^l'*-'  l^^i'itotl  States  is  hereby  granted  to  any  raih'oad  com- 
(Jrjnted  to  niii'  pauy  duly  Organized  under  the  laws  of  any  State  or  Terri- 
"^'^*"  tory,  except  the  District  of  Columbia,  or  by  the  Congress 

of  the  United  States,  which  shall  have  tiled  witli  the  Secre- 
tary of  the  Interior  a  coi)y  ol"  its  articles  of  incorporation, 
and  due  ])roofs  of  its  organization  under  the  same,  to  the 
extent  of  one  liundred  feet  on  each  side  of  the  central  line 
of  said  road ;  also  the  right  to  take,  from  the  public  lands 
adjacent  to  the  line  of  said  road,  material,  earth,  stone,  and 
timber  necessary  for  the  construction  of  said  railroad ;  also 
gi'ound  adjacent  to  such  right  of  way  for  station-buildings, 
dei)ots,  machine-shops,  side-tracks,  tiiru-outs,  and  water- 
stations,  not  to  exceed  in  amount  twenty  acres  for  each 
station,  to  the  extent  of  one  station  for  each  ten  miles  of  its 
road. 

18  Stat.  48-2.  Railway  Co.  v.  Benity.  5  Saw.  C.  C.  118.  Railway  Co. 
V.  Gould,  21  Cal.  254  :  Dorau  v.  Railway  Co.,  24  iJ,  245.  Decis- 
ions Sec.  lut.,  Juue  30,  1875  (Copp's  L.'L.  388);  July  26,  1876; 
Sept.  5,  1878  ;  Sept  11, 1878 ;  Juue  5, 1879  ;  Nov.  17,  1879  (6  Copp's 
L.  O.  162).  Decisions  Com.  G.  L.  0.,  Oct.  8,  1875  ;  Jan.  11,  1876; 
March  1,  1876;  May  10,  1877  (4  Copp's  L.0.91);  Jau.  6,  1879; 
Jan.  21, 1879 ;  Sept.  24,  1879  ;  Sept.  29, 1879.  Cir.  G.  L.  0.,  March 
9,  1878  (5  Copp's  L.  O.  35) ;  Nov,  7,  1879  (6  id.  141), 

Sifihto  of  sev-     Sec.  449.  Any  railroad  company  wliose  right  of  way,  or 
thi^oug*h^*caaoi^'^^ose  track  or  road-bed  upon  such  right  of  way,  passes 
pass,  or  defile,     tlirough  any  canyon,  j^ass,  or  defile,  shall  not  prevent  any 
other  railroad  company  from  the  use  and  occupancy  of  the 
Crossing  at  Said  cauyou,  pass,  or  defile,  for  the  purposes  of  its  road,  in 
^^'^^-  common' with  the  road  first  located,  or  the  crossing  of  other 

railroads  at  grade.  And  the  location  of  sucli  right  of  way 
through  any  canyon,  pass  or  defile  shall  not  cause  the  dis- 
wagon  roads,  wse  of  any  wagon  or  other  public  liighway  now  located 
right3°of.  '  therein,  nor  prevent  the  location  through,  tlie  same  of  any 
such  wagon  road  or  highway  where  such  road  or  highway 
may  be  necessary  for  the  j)ublic  accommodation ;  and  where 
any  change  in' the  location  of  such  wagon  road  is  necessary 
to  permit  the  passage  of  such  railroad  through  any  canyon, 
pass,  or  defile,  said  railroad  company  shall  before  entering 
upon  the  ground  occupied  by  such  wagon  road,  cause  the 
same  to  be  reconstructed  at  its  own  expense  in  the  most  fa- 
vorable location,  and  in  as  perfect  a  manner  as  the  original 
road  :  Provided.,  That  such  expenses  shall  be  equitably  divi- 
ded-between  any  number  of  railroad  companies  occupying 
and  using  the  same  canyon,  pass,  or  defile. 

18  Stat.  482.  Denver  &.  Rio  Grande  R.  R.  Co.  v.  Canon  City  &  San 
Juan  R.  R.Co.,  9  Otto,  463.  Decisions  Sec.  Int.,  Sept.  5,  1878; 
Sept,  11,  1878. 

Private   lands     Sec.  450.  The  legislature  of  the   proper  Territory  may 

and    possessorr  ■  -x      n       J^^  ®  •  i-i  ■       ^     ^        -i  i 

claims,  how  con- provide  for  the  manner  m  which  private  lands  and  posses- 
demned.  «jQpy  claims  ou  the  public  lauds  of  the  United  States  may 

be  condemned ;  and  where  such  provision  shall  not  have 
been  made,  such  condemnation  may  be  made  in  accordance 
with  section  three  of  the  act  entitled  "xVn  act  to  aid  in  the 
construction  of  a  railroad  and  telegraph  line  from  the  Mis- 
souri Eiver  to  the  Pacific  Ocean,  and  to  secure  to  the  Gov- 


EASEMENTS.  171 

emmeirt  the  use  of  the  same  for  postal,  military,  and  other 
puriioses,  approved  July  first,  eighteen  hundred  and  sixty- 
two,"  approved  July  second,  eighteen  hundred  and  sixty- 
four. 

13  Stat.  357  ;  18  id.  482,  483.     Decisioa  Com.  G.  L.  O.,  Jan.  21,  1879. 

Sec.  451.  Any  railroad  company  desiring  to  secure  the    Profile  of  road 
benefits  of  this  act,  shall,  within  twelve  mouths  after  the  SKo^Sd"' 
location  of  any  section  of  twenty  miles  of  its  road,  if  the 
same  be  upon  surveyed  lands,  and,  if  upon  unsurveyed 
lauds,  within  twelve  months  after  the  survey  thereof  by  the 
United  States,  file  with  the  register  of  the  land  office  for 
the  district  where  such  land  is  located  a  profile  of  its  road ; 
and  upon  approval  thereof  by  the  Secretary  of  the  Interior    Disposal  of 
the  same  shall  be  noted  upon  the  plats  in  said  office;  and  right  of"way!*  *° 
thereafter  all  such  lauds  over  which  such  right  of  way  shall 
pass  shall  be  disposed  of  subject  to  such  right  of  way: 
Provided,  That  if  any  section  of  said  road  shall  not- be  com-    Forfeiture  of 
pleted  within  five  years  after  the  location  of  said  section,  the  ^^^  *' 
rights  herein  granted  shall  be  forfeited  as  to  any  such  un- 
completed section  of  said  road. 

18  Stat.  483.  Decisions  Sec.  Int.,  Sept.  22, 1877 ;  Sept.  5, 1878 ;  Sept. 
11,  1878 ;  June  5,  1879.  Decisions  Com.  G.  L.  O.,  July  17,  1875; 
May  10,  1877  (4  Copp's  L.  0. 91) ;  Oct.  1,  1878.  Cir.  G.  L.  O., 
Marcli  9,  1878  (5  Copp's  L.  O.  35);  Nov.  7,  1879  (6  id.  141). 

Sec.  452.  This  act  shall  not  apply  to  any  lands  within    AppUcation  of 
the  limits  of  any  military,  park,  or  Indian  reservation,  or*^^^*®*- 
other  lands  specially  reserved  from  sale,  unless  such  right 
of  way  shall  be  provided  for  by  treaty  stipulation  or  by  act 
of  Congress  heretofore  passed. 
18  Stat.  483.  « 

Sec.  453.  "Congress  hereby  reserves  the  right  at  any  time    ^^s?*i"  ^^*®'^' 
to  alter,  amend,  or  repeal  this  act,  or  any  i^art  thereof.         '"^^°  ' 
18  Stat.  483. 

Sec.  454.  Any  telegraph  company  now  organized,  or  which    use  of  public 
may  hereafter  be  organized,  under  the  laws  of  any  State,  teiograpif  com^ 
shall  have  the  right  to  construct,  maintaiu,  and  operate  pa^y- 
lines  of  telegraph  through  and  over  any  portion  of  the  pub- 
lic domain  of  the  United  States,  over  and  along  any  of  the 
military  or  post  roads  of  the  United  States  which  have  been 
or  may  hereafter  be  declared  such  by  law,  and  over,  under, 
or  across  the  navigable  streams  or  waters  of  the  United 
States;  but  such  lines  of  tek^graph  shall  be  so  constructed 
and  maintained  as  not  to  obstruct  the  navigation  of  such 
streams  and  waters,  or  interfere  with  the  ordinary  travel  on 
such  military  or  jiost  roads. 

14  Stat.  221 ;  19  id.  232 ;  K.  S.  5263. 

Sec.  455.  Auv  telegraph  company  organized  under  the  ^^^e  of  materials 

,  ,,  csi.   1       ^     T^i  1  XT         •    1  i.  ^    ^   T  1  J-  fiompubhclondfl. 

laws  ot  any  State  shall  have  the  iiglit  to  take  and  use  from 
the  public  lands  through  which  its  lines  of  telegraph  may 
pass,  the  necessary  stone,  timber,  and  other  materials  for 
its  posts,  piers,  stations,  and  other  needful  uses  in  the  con- 
struction, maintenance,  and  operation  of  its  lines  of  tele- 
graph, and  may  preempt  and  use  such  iiortion  of  the  un- 
occu])ied  public  lands  subject  to  pre-emption  through  which 


1 72  EASEMENTS. 

tlioir  lilies  of  telogiapli  may  be  loeated  as  may  bo  neces- 
sary for  their  stations,  not  exceediufj  forty  acres  for  each 
station;  bnt  such  stations  shall  not  be  within  fifteen  miles 
of  each  other. 

14  Stat.  '^21;  K.  S.  r.-JiU. 

These  ri-iits  Sec.  450.  The  i\ulits  and  privileg'es  granted  under  the 
aot  tranaferaW.  provisions  of  the  at't  of  Jiily  twenty-four,  eighteen  hundred 
and  sixty-six,  entitled  "An  act  to  aid  in  the  construction  of 
telegraph  lines,  and  to  secure  to  the  Government  the  use  of 
the  same  for  postal,  militarj^,  and  other  purposes,"  or  under 
sections  four  hundred  and  tifty-four  to  four  hundred  and 
sixty,  inclusive,  shall  not  be  transferred  by  any  company 
acting  thereunder  to  any  other  corporation,  association,  or 
person. 

14  Star.  2-Jl ;  R.  S.  5-2G5. 

Government  to     Sec.  -457.  Telegrams  between  the  several  Departjuents  of 
tMu«imM?on^  o't'l^lie  Government  and  their  officers  and  agents,  in  their  trans- 
messages,  mission  over  the  lines  of  any  telegraph  company  to  which 
has  been  given  the  right  of  way,  timber,  or  station  lands 
from  the  public  domain  shall  have  priority  over  all  other 
business,  at  such  rates  as  the  Postmaster-General  shall  an- 
nually fix.    And  no  part  of  any  appropriation  for  the  sev- 
eral Departments  of  the  Government  shall  be  paid  to  any 
company  which  neglects  or  refuses  to  transmit  such  tele- 
grams in  accordance  with  the  provisions  of  this  section. 
14  Stat.  2iil;  17  id.  237,366,367;  R.  S.  5260. 

Government  en-  Sec.  458.  The  United  States  may,  for  postal,  military,  or 
itoM^^"^°''^^^**^  other  purposes,  purchase  all  the  telegraph  lines,  property, 
and  effects  of  any  or  all  companj^s  acting  under  the  provis- 
ions of  the  act  of  July  twenty-fourth,  eighteen  hundred  and 
and  sixty-six,  entitled  "An  act  to  aid  in  the  construction  of 
telegraph  lines,  and  to  secure  to  the  Government  the  use  of 
the  same  for  postal,  military,  and  other  purposes,"  or  under 
sections  four  hundred  and  fifty-four  to  four  hundred  and 
sixty,  inclusive,  at  an  appraised  value,  to  be  ascertained  by 
five  competent,  disinterested  persons,  two  of  whom  shall  be 
selected  by  the  Postmaster-General  of  the  United  States, 
two  by  the  company  interested,  and  one  by  the  four  so  pre- 
viously selected. 

14  Stat.  221 ;  18  id.  250;  R.  S.  5267. 

Acceptance  of     Sec.  459.  Before  any  telegtaph  company  shall  exercise 
fiie"^*^°°  t«  ^"-  any  of  the  powers  or  privileges  conferred  by  law  such  com- 
pany shall  file  their  written  acceptance  with  the  Postmas- 
ter-General of  the  restrictions  and  obligations  required  by 
law. 

14  Stat.  222;  R.  S.  5263. 
Penalty  for  re-  Sec.  460.  Whenever  any  telegraph  company,  after  having 
difjitchl^"""'^  filed  its  written  acceptance  with  the  Postmaster-General  of 
the  restrictions  and  obligations  required  by  the  act  approved 
July  twenty-fourth,  eighteen  hundred  and  sixty-six,  entitled 
•'An  act  to  aid  in  the  construction  of  telegraph  lines,  and 
to  secure  to  the  Government  the  use  of  the  same  for  postal, 
military,  and  other  purposes,"  or  by  sections  four  hundred  and 


EASEMENTS.  173 

fifty-four  to  four  huudred  and  sixty,  inclusive,  shall,  by  its 
agents  or  employes,  refuse  or  neglect  to  transmit  any  such 
telegraphic  communications  as  are  provided  for  by  the  afore- 
said act,  or  by  said  sections,  or  by  the  provisions  of  section 
two  hundred  and  twenty-one  of  the  Eevised  Statutes,  au- 
thorizing the  Secretary  of  War  to  provide  for  taking  mete- 
orological observations  at  the  military  stations  and  other 
l)oints  of  the  interior  of  the  continent,  and  for  giving  notice 
on  the  northern  lakes  and  sea-board  of  the  approach  and 
force  of  storms,  such  telegraph  company  shall  be  liable  to 
a  penalty  of  not  less  than  one  hundred  dollars  and  not  more 
than  one  thousand  dollars  for  each  such  refusal  or  neglect, 
to  be  recovered  by  an  action  or  actions  at  law  in  any  dis- 
trict court  of  the  tjnited  States. 

17  Stat.  366,367;  19  id.  232,  252;  E.  S.  5269. 

Sec.  4G1.  All  patents  for  lands  within  the  States  of  Call- ^^  Timber  landa 
fornia,  Oregon,  and  Nevada  and  in  Washington  Territory,  s a b/ectto° ac- 
valuable  chiefly  for  timber,  but  unfit  for  cultivation,  which  ^^°  ®^  J*|^^\g°f 
may  be  granted  under  the  provisions  of  the  act  of  Congress  rights, 
approved  June  third,  eighteen  hundred  and  seventy-eight, 
shall  not  be  held  to  abrogate  the  right  of  way  of  ditch  and 
canal  owners  acquired  under  the  provisions  of  the  act  of 
July  twenty-sixth,  eighteen  hundred  and  sixty-six,  and  all 
such  patents  shall  be  subject  to  any  vested  and  accrued 
water-rights,  or  rights  to  ditches  and  reservoirs  used  in 
connection  with  such  water-rights,  as  may  have  been  ac- 
quired under  and  by  the  provisions  of  said  act;  and  such 
rights  shall  be  expressly  reserved  in  any  patent  issued  un- 
der this  act. 

20  Stat.  89.     (For  authorities,  see  section  423.) 


CHAPTER   TWENTY 


PRIVATE  LAND  CLAIMS. 


8ml 

4G2. 

463. 
4(34. 


Patents  to  issue  for  claims  heretofore 
confirmed. 

Price  of  surveys,  how  tixecl. 

Certilicates  of  Uicatiou  or  scrip  to  is- 
sue in  satisfaction  of  confirmed  jiri- 


Sec. 


465. 


vate  laud  claims  which  cannot  bo 
located. 
Issuance  and  location  of  judicial  scrip 
in  lien  of  confirmed  private  laud 
claims. 


Patentatoissne  Sec.  462.  lu  casG  of  auy  claim  to  land  in  any  State  or 
fore  wntir^ed!**'  Territory  wliicli  has  heretofore  been  confirmed  by  law,  and 
in  which  no  provision  is  made  by  the  confirmatory  statute 
for  the  issue  of  a  patent,  it  may  be  lawful,  where  surveys 
for  the  land  have  been  or  may  hereafter  be  made,  to  issue 
patents  for  the  claims  so  confirmed,  upon  the  presentation 
to  the  Commissioner  of  the  General  Land  Office  of  plats  of 
survey  thereof,  duly  aj)proved  by  the  surveyor-geueral  of 
any  State  or  Territory,  if  the  same  be  found  correct  by  the 
Commissioner.  But  such  patents  shall  only  operate  as  a 
relinquishment  of  title  on  the  part  of  the  United  States,  and 
shall  in  no  manner  interfere  with  any  valid  adverse  right 
to  the  same  land,  nor  be  construed  to  preclude  a  legal  in- 
vestigation and  decision  by  the  proper  judicial  tribunal  be- 
tween adverse  claimants  to  the  same  land. 

10  Stat.  599;  R.  S.  2447.  '  Villalobos  v.  U.  S.,  10  How.  541 ;  Stanford 
r.  Taylor,  18  id.  409;  Ledoux  r.  Black  et  al,  18  id.  473;  U.  S.  r. 
Fossat,  20  id.  413 ;  U.  S.  v.  Fossat,  21  if?.  445;  Castro  v.  Hendricks, 

23  id.  438;  Ballance  r.  Forsyth,  24  id.  183;  Greer  r.  Mezes,  24  id. 
268 ;  Carondelet  v.  St,  Louis,  1  Black,  179 ;  Maguire  v.  Tyler  et 
al,  1  id.  195 ;  U.  S.  v.  Covilland,  1  id.  339 ;  U.  S.  v.  Sepulveda,  1 
Wall.  104 ;  U.  S.  v.  Halleck,  1  id.  439 ;  U.  S.  v.  VaUejo,  1  id.  058 ; 
U.  S.  V.  EstudiUo,  1  id.  710  ;  U.  S.  v.  BilUngs,  2  id.  444  ;  Sutter's 
case,  2  id.  562;  U.  S.  r.  Pacheco,  2  id.  587;  Fossat  case,  2  id.  (J49; 
Dehou  V.  Berual,  3  id.  774  ;  U.  S.  v.  Armijo,  5  id.  444  ;  Higueras  v. 
U.  S.,  5  id.  827 ;  Alviso  v.  U.  S.,  8  id.  337 ;  Maguire  v.  Tyler,  8  id. 
650;  Lynch  v.  Bernal,  9  id.  315;  Henshaw  v.  Bissell,  18  id.  255; 
Shopley  et  al.  v.  Cowan  et  al.,  1  Otto,  390;  Miller  et  al.  v.  Dale  et 
al,  2  id.  473;  Tameling  v.  U.  S.  F.  &  E.  Co.,  3  id.  644 ;  Van  Eey- 
negan  v.  Bolton,  5  id.  33;  U.  S.  i'.  Throckmorton,  8  id.  01 ;  Snv- 
der  V.  Sickles,  8  id.  203.  U.  S.  v.  Garcia,  1  Saw.  C.  C.  383  ;  Ler6y 
V.  Jamison,  3  id.  369 ;  U.  S.  v.  Flint,  4  id.  42  ;  U.  S.  v.  Castro,  5  id. 
625.  9  Op.  Att.  Geu.  397  ;  12  id.  116, 250 ;  14  id.  74, 624.  Whitney 
V.  Nelson,  33  Wis.  365;  Board  of  Com'rs  r.  Central  &c.  Co.,  2 
Colo.  628 ;  Waterman  v.  Smith,  13  Cal.  373 ;  Moore  v.  Wilkerson, 

13  id.  478;  Boggs  i'.  Merced  Mg.  Co.,  14  id.  279;  Yount'u.  Howell! 

14  id.  465 ;  Mott  v.  Smith,  16  id.  534  ;  Johnson  v.  Van  Dyke,  20  id. 
225;  Mahoney  v.  Van  Winkle,  21  id.  552;  Thornton  v.  Mahouey. 

24  id.  569;  McGarrahan  i).  Maxwell,  27  id.  75;  Treadway  r.  Sem- 
ple,  28  id.  652;  Seal  v.  Ford,  29  id.  104;  Mahoney  v.  Van  Winkle, 
33  id.  448  ;  Morrill  v.  Chapman,  35  id,  85;  Bernal  v.  Lynch,  36  id. 
135 ;  Piper  v.  True,  36  id.  606 ;  San  Jos6  v.  Uridias,  37  id.  339  ; 
Moore  r.  Massini,  37  frf.  432;  Yates  v.  Smith,  38  id.  60;  Sabichi 
V.  Aguilar,  43  id.  285;  Miller  r.  Dale,  44  id.  562;  Chipley  v. 
Fams,  45  id.  527 ;  San  Diego  r.  Allison,  46  id.  163 ;  Cassidy 
V.  Carr,  48  id.  339 ;  Morris  t*.  Do  Cells,  51  id.  .55 ;  Cabunne 
r.  Lindell,  12  Mo.   184;  McGill  v.  Somers,  15  id.  80;  St.  Louis 

174 


PRIVATE  LAND  CLAIMS.  175 

V.  Tonly  21  id.  243;  Scliiiltz  v.  Lindell,  24  id.  567;  Maguire 
V.  Tyler,  25  id.  484 ;  City  of  Caroudelet  v.  City  of  St.  Louia, 
29  id.  527 ;  Maguire  v.  Tyler,  30  id.  202 ;  McCuue  v.  O'Fallon,  32 
id.  13  ;  Mitchell  v.  Handfielcl,  33  id.  431 ;  Eobius  v.  Eckler,  36  id. 
494 ;  Vasquez  v.  Ewing,  42  id.  247  ;  Elasgon  i\  Lindell,  50  id.  60 ; 
Metroyer  V.  Larenandiere,  6  Rob.  (La.)  139;  Beatty  v.  Michon,  9 
La.  Ann.  102.  Decisions  Sec.  Int.,  Fob.  23,  1859  (1  Lester's  L.  L. 
C47) ;  April  27,  1859  (1  id.  649) ;  July  23, 1859  (1  if?.  650) ;  July  30, 
1859  (1  id.  652) ;  Aug.  10,  1859  {lid.  654) ;  Sept.  1, 1859  (1  id.  657); 
Sept.  6,  1870;  July  31,  1871  (Copp's  L.  L.  529) ;  Jan.  6,  1872  {id. 
532) ;  Feb.  21,  1872  {id.  548) ;  March  15,  1872  {id.  .559) ;  Sept.  2, 
1872  {id.  567);  March  21,  1873;  May  21,  1873;  (Copp's  L.L.  567) 
July  23,  1873  {id.  559) ;  Feb.  28,  1874  {id.  607) ;  March  17,  1874 ; 
June  18, 1874  (Copp's  L.  L.  573) ;  July  15, 1874  {id.  577) ;  Aug.  15, 

1874  ;  Dec.  5, 1874  (Copp's  L.  L.  611) ;  June  1,  1875  (2  Copp's  L. 
O.  53) ;  Feb.  4, 1876  (2  id.  182) ;  April  22,  1876  (3  id.  23) ;  Aug.  8, 
1876  (3  id.  98) ;  Aug.  17,  1876  (3  id.  90) ;  March  16,  lb77  (4  id. 
4);  July  11,  1878;  Aug.  9,  1878;  Oct.  24,  1878;  Dec.  19,  1878; 
March  11,  1879 ;  May  17,  1879 ;  May  21,  1879 ;  May  28,  1879 ; 
June  9, 1879 ;  April  20,  18H0  (7  Copp's  L.  0. 70) ;  May  17,  1880  (7 
id.  40).  Decisions  Com.  G.  L.  O.,  Aug.  18,  1860;  Feb.  10, 1868; 
Nov.  13, 1868  ;  Dec.  14, 1870;  May  20, 1871 ;  Aug.  23, 1871  ;  Jiily  9, 
1872;  Aug.  13,  1872;  Nov.  25,  1873;  Nov.  3,  1874;  Sept.  18,1874 
(Copp's  L.  L.  590);  Feb.  12, 1875  (2  Copp's  L,  0. 101) ;  March  20, 

1875  (2  id.  12) ;  July  19, 1875  (2  id.  52)  ;  Sept.  18, 1875  (2  id.  119) ; 
Sept.  24,  1875  (2  id.  135) ;  May  13, 1876 ;  June  27,  1877 ;  Feb.  21, 
1878;  AprU13,  1878;  Sept.  18,  1878;  Nov.  11, 1878;  Nov.  16, 1878; 
March  21, 1879  (6  Copp's  L.  0.78);  March  27, 1879  (6  tf?.  127) ;  July 
14, 1879  (6  id.  78). 

Sec.  463.  The  Commissioner  of  the  General  Land  Office  Price  of  buiv 
has  power,  and  it  shall  be  his  duty,  to  fix  the  prices  per  ^^^*'  ^^"^  ^^^ 
mile  for  public  surveys,  which  shall  in  no  case  exceed  the 
maximum  established  by  law ;  and,  under  instructions  to  be 
prepared  bj^  the  Commissioner,  an  accurate  account  shall 
be  kept  by  each  surveyor-general  of  the  cost  of  surveying 
and  platting  private  land  claims,  to  be  reported  to  the  Gen- 
eral Land  Office,  with  the  map  of  such  claim,  and  patents 
shall  not  issue  for  any  such  i)rivate  claim  until  the  cost  of 
survey  and  platting  has  been  paid  into  the  Treasury  by  the 
claimant. 

12  Stat.  409 ;  18  id.  304  ;  R.  S.  2400.  (For  authorities  see  Sec.  112.) 

Sec.  404.  Where  any  jirivate  land  claim  was  confirmed    certiiicatea  of 
by  Congress  prior  to  June  second,  eighteen  hundred  and  [o^^faauo  Z  satu^ 
fifty-eight,  and  the  same,  in  whole  or  in  part,  has  not  been  faction  of.  con- 
located  or  satisfied,  either  for  want  of  a  specific  location  la™  ciamls  TMch 
prior  to  such  confirmation,  or  for  any  reason  whatsoever,  ^^^^^J*®*  tp  lo- 
other  than  a  discovery  of  fraud  in  such  claim  subsequent  to 
such  confirmation,  it  shall  be  the  duty  of  the  surveyor-gen- 
eral of  the  district  in  which  such  claim  was  situated,  uj^on  sat- 
isfactory proof  that  such  claim  has  been  so  confirmed,  and 
that  the  same,  in  whole  or  in  part,  remains  unsatisfied,  to 
issue  to  the  claimant,  or  his  legal  representatives,  certificates 
of  location  for  a  quantity  of  laud  equal  to  that  so  confirmed 
and  unsatisfied,  which  certificates  of  location  or  scrip  shall 
be  subdivided  according  to  the  request  of  the  confii-mee  or 
confirmees,  and,  as  nearly  as  practicable,  in  conformity  with 
the  legal  divisions  and  subdivisions  of  the  public  lands  of 
the  United  States,  and  shall  be  assignable  by  deed  or  in- 
strument of  writing,  according  to  the  form  and  pursuant  to 
regulations  prescribed  by  the  Commissioner  of  the  General 
Land  Office,  so  as  to  vest  the  asignee  with  all  the  rights  of 


176  PRIVATE  LAND  CLAIMS. 

the  original  owners  of  the  serip,  including  the  right  to  locate 
the  same  in  his  own  name  upon  any  of  the  i)ublic  lands  of 
the  United  states  subject  to  sale  at  private  entry,  at  a  price 
not  exceeding-  one  dollar  and  twenty-live  cents  per  acre,  and 
shall  be  received  from  actual  settlers  cnl}^  in  payment  of 
lu'c-emption  claims  or  in  commutation  of  homestead  claims, 
in  the  same  manner  and  to  the  same  extent  as  is  now  au- 
thorized by  law  in  the  case  of  military  bounty-laud  war- 
rants. 

1 1  Stat.  294, 295 ;  20  id.  274, 275.     (For  authorities  seo  Sec.  341. ) 
Issuance  a  u  .1     Sec.  465.  Whenever,  in  cases  prosecuted  under  the  acts 

daf'serip^'m'iku  of  CoDgrcss  of  Juuc  tweutysccond,  eighteen  hundred  aud 
TOtt«'T^°daim9  sixty,  March  second,  eighteen  hundred  and  sixty-seven,  aud 
'  the  first  section  of  the  act  of  June  tenth,  eighteen  hundred 
and  seventy-two,  providing  for  the  adjustment  of  private 
land  claims  in  the  States  of  Florida,  Louisiana  and  Mis- 
souri, the  validity  of  the  claim  has  been,  or  shall  be  here- 
after, recognized  by  the  Supreme  Court  of  the  United  States, 
and  the  court  has  decreed  that  the  plaintiff  or  plaintiffs  is 
or  are  entitled  to  enter  a  certain  number  of  acres  upon  the 
public  lands  of  the  United  States,  subject  to  private  entry 
at  one  dollar  and  twenty-five  cents  per  acre,  or  to  receive 
certificate  of  location  for  as  much  of  the  land,  the  title  to 
which  has  been  established  as  has  been  disposed  of  by  the 
United  States,  certificate  of  location  shall  be  issued  by  the 
Commissioner  of  the  General  Laud  OflSce,  attested  by  the 
seal  of  said  office,  to  be  located  as  provided  for  in  the  sixth 
section  of  the  aforesaid  act  of  Congress  of  June  twenty- 
second,  eighteen  hundred  and  sixty,  or  applied  according  to 
the  provisions  of  this  section ;  and  said  certificate  of  loca- 
tion or  scrip  shall  be  subdivided  according  to  the  request  of 
the  confirmee  or  confirmees,  and,  as  nearly  as  practicable,  in 
conformity  with  the  legal  divisions  and  subdivisions  of  the 
public  lands  of  the  United  States,  and  shall  be,  and  are  hereby 
declared  to  be,  assignable  by  deed  or  instrument  of  writing, 
according  to  the  form  and  pursuant  to  regulations  prescribed 
by  the  Commissioner  of  the  General  Land  Office,  so  as  to 
vest  the  assignee  with  all  the  rights  of  the  original  owners 
of  the  scrip,  including  the  right  to  locate  the  scrij)  in  his 
own  name ;  such  scrii^  shall  be  received  from  actual  settlers 
only  in  payment  of  pre-emption  claims  or  in  commutation  of 
homestead  claims,  in  the  same  manner  and  to  the  same  ex- 
tent as  is  now  authorized  by  law  in  the  case  of  military 
bounty-land  warrants. 

12  Stat.  85, 86;  20  id.  274, 275.     (For  authorities  see  Sec.  342.) 
Note. — For  acts  providing  for  the  adjustment  of  private  land  claims 

in  the  different  States  and  Territories,  see  "  Local  and  Temporary 
Laws,"  under  the  caption  of  each  State  and  Territory. 


CHAPTER    TWENTY-ONE. 
MISCELLANEOUS  PEOVISIONS  RELATING  TO  THE  PUBLIC  LANDS. 


Sec. 

466.  Cases  of  suspended  entries  of  public 

lands  and  suspended  pre-emption 
claims. 

467.  Adjudications  under  above,  how  ap- 

proved. 

468.  Report  of  adjudications  under  pre- 

ceding sections. 

469.  Decisions  to  be  arranged  into  classes. 

470.  Patents  to  issue  for  lands  in  the  first 

class,  and  lands  in  the  second  class 
to  revert  to  the  United  States. 

471.  Commissioner  to  order  into  market 

lands  of  second  class. 

472.  Patents  surrendered   and  new  ones 

issued  in  certain  cases. 

473.  Extent  of  foregoing  provisions. 

474.  Copies  of  records,  &c.,  to  be  certified. 

475.  Exemplifications  valid  without  names 

of  officers  signing  and  countersign- 
ing. 

476.  Lands  of  United  States  by  whatso- 

ever title  acquired,  not  to  be  occu- 
pied, possessed,  or  settled  but  with 
consent  of  United  States. 
Titles  of  intruders  forfeited. 


Sec. 

476.  (Continued.) 

President  authorized  to  remove  in- 
truders. 
Mode  of  removal. 
Marshal,  &c.,  authorized  under  in 

structions  from  the  President  to 

oust  intruders. 

477.  Forging,  counterfeiting,  or  passing 

military  bounty-land  waiTants. 

478.  Authentication  of  foreign  records  re- 

lating to  lands. 

479.  Perjury  in  oaths  used  in  land  offices. 

480.  Forgery  of  letters  patent. 

481.  Forgery  of  bid,  public  record,  &c. 

482.  Forging  deed,  power  of  attorney,  &c. 

483.  Having  forged  papers  in  j)Ossession. 

484.  Disijossessed    occupants  of  land  to 

have  remedies  in  certain  cases. 

485.  Connection  of  other  railroads  with 

Union  Pacific,  &c. 

486.  Inter-state  communication. 

487.  Compensation  of  directors,  &c.,  ap- 

pointed by  the  United  States.    Pat- 
ents for.lands,  when  withheld. 


Sec.  466.  The  Commissioner  of  the  General  Land  Office    cases  of  aus- 
is  authorized  to  decide  upon  principles  of  equity  and  justice,  pnbikf  landTanl 
as  recognized  in  courts  of  equity,  and  in  accordance  with  suspended  pre- 
regulations  to  be  settled  by  the  Secretary  of  the  Interior,  the  ^'^p*^"^  ^  ^™^- 
Attorney-General,  and  the  Commissioner,  conjointly,  consist- 
ently with  such  principles,  all  cases  of  suspended  entries  of 
public  lands  and  of  suspended  pre-emption  land  claims,  and 
to  adjudge  in  what  cases  i)atents  shall  issue  upon  the  same. 

9  Stat.  51;  10  id.  258;  11  id.  22;  18  id.  50;  19  id.  244;  E.  S.  2450- 
14  Op.  Att.  Gen.  636,  645.  Decisions  Sec.  Int.,  Dec.  27  (1  Lester's 
L.  L.  484);  May  12,  1859  (1  id.  486);  May  26,  1859  (1  id.  488); 
Aug.  12,  1859  (1  id.  487)  ;  Oct.  (r,  1859  (1  id.  490) ;  Dec.  2, 1859  (1  id. 
491) ;  May  19,  1871  (Copp's  L.  L.  753) ;  Nov.  3, 1871  (id.  755) ;  Nov. 
13,  1872  lid.  755);  March  31,  1873  (id.  755);  April  11,  1876  (3 
Copp's  L.  O.  19) ;  June  27,  1878  (5  id.  101) ;  Dec.  5,  1878  (5  id. 
146) ;  May  28,  1880  (7  id.  91).  Decision  Com.  G.  L.  O.,  Sept.  3, 
1878  (5  Copp's  L.  0. 117).  Rules  and  Regulations,  Oct.  3,  1846  (1 
Lester's  L.  L.  482) ;  March  13,  1847  (1  id.  483) ;  March  16,  1854  (1 
id.  484) ;  April  25,  1877  (G.  L.  O.  Rep.  1877,  p.  100). 

Sec.  467.  Every  such  adjudication  shall  be  approved  by     Adjndicaiions 
the  Secretary  of  the  Interior  and  the  Attorney-General,  ]™J,'!^^'^^j7*'' '^"'^ 
acting  as  a  board ;  and  shall  operate  only  to  divest  the  United 
States  of  the  title  of  the  lands  embraced  thereby,  without 
prejudice  to  the  rights  of  conflicting  claimants. 

9  Stat.  51 ;  19  id.  244 ;  R.  S.  2451.  14  Op.  Att.  Gen.  636,  645.  De- 
cisions Sec.  Int.,  Aug.  12,  1859  (1  Lester's  L.  L.  487);  June  27, 
1878  (5  Copp's  L.  O.  101).  Rules  and  Regulations,  Oct.  3,  1846 
(1  Lester's  L.  L.  482) ;  April  25,  1877  (G.  L.  O.  Rep.  1877,  p.  100). 

12  L  O  '  177 


178    MISCELLANEOUS    PROVISIONS   RELATING    TO    PUBLIC    LANDS. 

di^'tloM  "  mS""  ^^'^'  ^^^'  -^^^^  Comiiiissioiier  is  directed  to  report  to  Con- 
puvoding  8  1-!- jxress  at  the  lirst  session  after  any  such  adjudications  have 
tious.  ly^^^^^^  made  a  list  of  the  same  under  the  ehisses  prescribed  by 

hiw,  ^vith  a  statement  of  the  principles  upou  which  each 

class  was  determined. 
9  Stat.  51 ;  R.  S.  2452. 

Docisions  to  bo     Sec.  400.  The  Commissioner  shall  arrange  his  decisions 

classes.® ^'^  "****  luto  two  classcs ;  thc  tirst  class  to  embrace  all  such  cases  of 

equity  as  may  be  finally  confirmed  by  the  board,  and  the 

second  class  to  embrace  all  such  cases  as  the  board  reject 

and  decide  to  be  invalid. 

9  Stat.  51 ;  R.   S.  2453.     Rules  and  Regulations,   Oct.  3,   184G  (1 
Lester's  L.  L.  482);  April  25,  1877  (G.  L.  O.  Rep.  1877,  p.  100). 

Patentstoissuo  Sec.  470.  For  all  lands  covered  by  claims  which  are  placed 
flrst^iaL"^a^nd  ^^  ^^^  ^^'^^  class,  patcuts  shall  issue  to  the  claimants ;  and 
lands  in  second  all  lauds  embraced  by  claims  placed  in  the  second  class  shall 
theunitedstates*!  ^Pso  fiicto  rcvcrt  to,  and  become  part  of,  the  public  domain. 
9  Stat.  51;  R.  S.  2154. 
Commissioner  gEC.  471.  It  may  be  lawful  for  the  Commissioner  of  the 
ket  liuids'o^f'sec-  General  Land  Office  to  order  into  market,  after  due  notice, 
ond  class.  without  the  formality  and  expense  of  a  proclamation  of  the 

President,  all  lands  of  the  second  class,  though  heretofore 
unproclaimed  and  unoffered,  and  such  other  isolated  or  dis- 
connected tracts  or  parcels  of  unoffered  lands  which,  in  his 
judgment,  it  would  be  proper  to  expose  to  sale  in  like  man- 
ner. But  public  notice  of  at  least  thirty  days  shall  be  given 
by  the  land  officers  of  the  district  in  which  such  lands  may 
be  situated,  i)ursuant  to  the  du^ections  of  the  Commissioner. 

9  Stat.  51 ;  R.  S.  2455.     14  Op.  Att.  Gen.  636. 

Patents  sur-     Sec.  472.  Where  patents  have  been  already  issued  on  en- 

oDMissn^ii^el^  ^'i^s  which  are  confirmed  by  the  officers  who  are  constituted 

tain  cases.         the  board  of  adjudication,  the  Commissioner  of  the  General 

Land  Office,  upon  the  canceling  of  the  outstanding  patent, 

is  authorized  to  issue  a  new  ijatent,  on  such  confirmation, 

to  the  jierson  who  made  the  entry,  his  heirs  or  assigns. 

10  Stat.  258;  R.  S.  2456. 

Extent  of  fore-  Sec.  473.  The  preceding  provisions  from  section  four  hun- 
Komg  provisions.  ^^^  ^^^  sixty-six  to  scctiou  fouT  hundred  and  seventy-two, 
inclusive,  shall  be  applicable  to  all  cases  of  suspended  en- 
tries and  locations,  which  have  arisen  in  the  General  Land 
Office  since  the  twenty-sixth  day  of  June,  eighteen  hundred 
and  fifty-six,  as  well  as  to  all  cases  of  a  similar  kind  which 
may  hereafter  occur,  embracing  as  well  locations  under 
bounty-land  warrants  as  ordinary  entries  or  sales,  including 
homestead  entries  and  pre-emption  locations  or  cases ;  where 
the  law  has  been  substantially  complied  with,  and  the  error 
or  informahty  arose  from  ignorance,  accident,  or  mistake 
which  is  satisfactorily  explained;  and  where  the  rights  of 
no  other  claimant  or  pre-emptor  are  prejudiced,  or  where 
there  is  no  adverse  claim. 

11  Stat.  22;  R.  S.  2457. 

ords^^&c  ''^t  ^'^e  ^^^*  ^^^*  "^^^  Commissioner  of  tlic  General  Land  Office 
certified" '   "   ^  shall  causc  to  be  prepared,  and  shall  certify,  under  the  seal 


MISCELLANEOUS   PROVISIONS    RELATING    TO    PUBLIC    LANDS.    179 

of  the  office,  such  copies  of  records,  books  and  papers  on 
file  in  his  office,  as  may  be  applied  for,  to  be  used  in  evi- 
dence in  courts  of  justice.  All  exemplifications  of  patents, 
or  papers  on  file  or  of  record  in  the  General  Land  Office, 
which  may  be  required  by  parties  interested,  shall  be  fur- 
nished by  the  Commissioner  upon  the  payment  by  such 
parties  at  the  rate  of  fifteen  cents  per  hundred  words,  and 
two  dollars  for  coj^ies  of  township  plats  or  diagrams,  with 
an  additional  sum  of  one  dollar  for  the  Commissioner's  cer- 
tificate of  verification  with  the  General  Land  Office  seal; 
and  one  of  the  employes  of  the  office  shall  be  designated 
by  the  Commissioner  as  the  receiving  clerk,  and  the  amount 
so  received  shall,  under  the  direction  of  the  Commissioner, 
be  paid  into  the  Treasury ;  but  fees  shall  not  be  demanded 
for  such  authenticated  copies  as  may  be  required  by  the 
officers  of  any  branch  of  the  Government,  nor  for  such,  un- 
verified copies  as  the  Commissioner  in  his  discretion  may 
deem  proper  to  furnish. 

5  Stat.  Ill ;  13  id.  375 ;  R.  S.  461,  891,  2469.  Polk  v.  Wendell,  5 
Wheat.  293;  Gait  v.  Galloway,  4  Pet.  331.  Lacy  v.  Davis,  4  Mich. 
140 ;  Gilman  v.  Riopelle,  18  id.  144 ;  Clark  v.  Hill,  19  id.  3.54;  Boyce 
V.  Slambaugh,  34  id.  348 ;  Bovee  v.  McLean,  24  Wis.  225 ;  Ansley 
V.  Peterson,  30  id.  653 ;  McLean  v.  Bovee,  35  id^  27 ;  Kelly  v.  Wal- 
lace, 14  Minn.  236 ;  Washburn  v.  Mendenhall,  21  id.  332 ;  Harris  v. 
Doe,  4  Biackf.  (lud.)  369;  Bowser  v.  Warren,  4  id.  522;  Lane  v. 
Bommelman,  17  Ills.  95;  Sawyer  v.  Cox,  63  id.  130.  Cir.  G.  L.  O., 
July  20,  1875  (Copp's  L.  L.  824). 

Sec.  475.  Literal  exemplifications  of  any  records  which    Exempiifica- 
have  been  or  may  be  granted  in  virtue  of  the  preceding  sec-  oufnaT^s^oToffl' 
tion  shall  be  deemed  of  the  same  validity  in  all  proceedings,  cers  signing  and 
whether  at  law  or  in  equity,  wherein  such  exemplifications  countersigning. 
are  adduced  in  evidence,  as  if  the  names  of  the  officers  sign- 
ing and  countersigning  the  same  had  been  fully  inserted  in. 
such  record. 

5  Stat.  627;  R.  S.  891,  2470.  Cir.  G.  L.  O.,  July  20,  1875  (Copp's  L. 
L.  824). 

Sec.  476.  If  any  person  or  persons  shall  take  possession    Lands  of  the 
of,  or  make  a  settlement  on  any  lands  ceded  or  secured  to  wSitlofver^tiae 
the  United  States,  by  any  treaty  made  with  a  foreign  na-  acquired,  not  to 
tion,  or  by  a  cession  .from  any  State  to  the  United  States,  se^ssed^or'^fettied 
which  lands  shall  not  have  been  previously  sold,  ceded,  or  ^'^l^jVjJp'^''  ^t*°d 
leased  by  the  United  States,  or  the  claim  to  which  lands,  by  states.  Titfes  of 
such  i^erson  or  i3ersons,  shall  not  have  been  previously  recog-  j-^ited'^*^*"'*  ^*"^' 
nized  and  confirmed  by  the  United  States:  or  if  any  person 
or  persons  shall  cause  such  lands  to  be  thus  occupied,  taken 
possession  of,  or  settled  :  or  shall  survey,  or  attempt  to  sur- 
vey, or  cause  to  be  surveyed,  any  such  lands ;  or  designate 
any  boundaries  thereon,  by  marking  trees,  or  otherwise,  un- 
til thereto  duly  authorized  by  law ;  such  offender  or  offend- 
ers, shall  forfeit  all  his  or  their  right,  title,  and  claim,  if 
any  he  hath,  or  they  have,  of  wliatsoever  nature  or  kind  the 
same  shall  or  may  be,  to  the  lands  aforesaid,  which  he  or 
they  shall  have  taken  possession  of,  or  settled,  or  caused 
to  be  occupied,  taken  possession  of,  or  settled,  or  which  he 
or  they  shall  have  surveyed,  or  attempt  to  survey,  or  cause 
to  be  surveyed,  or  the  boundaries  thereof  he  or  they  shall 


180    MISCELLANEOUS    PROVISIONS    RELATING    TO    PUBLIC    LANDS. 

th^ri^Ti  ilave  ^'^^*^  designated,  or  cause  to  be  designated,  by  marking: 
thorn  rcmovoir*^  trees  OF  otliorwiso.    And  it  shall  moreover  be  lawful  for  the 
uoSc^'tSe"'^''  "^President  of  the  United  States,  to  direct  the  marshal,  or 
officer  acting  as  niarsluil,  in  the  manner  hereinafter  directed, 
and  also  to  take  such  other  measures,  and  to  emx)loy  such 
military  force*  as  he  may  judge  necessary  and  proper,  to  re- 
move from  lands  ceded,  or  secured  to  the  United  States,  by 
treaty,  or  cession  as  aforesaid,  any  person  or  persons  who 
shall  hereafter  take  possession  of  the  same,  or  make,  or  at- 
tempt to  make,  a  settlement  thereon,  until  thereunto  author- 
ized by  law.      And  every  right,  title,  or  claim,  forfeited 
under  this  act,  shall  be  taken  and  deemed  to  be  vested  in 
the  United  States,  without  any  other  or  further  proceedings; 
au'tbori^ed!li^er  and  it  shall  be  lawful  for  the  proper  marshal,  or  officer  act- 
instractionsfroming  j^g  marshal,  uudcr  such  instructions  as  may  for  that 
oust  intaidM^.  °  purpose  be  given  by  the  President  of  the  United  States,  to 
remove  from  such  lands  any  and  every  person  or  persons 
who  shall  be  found  on  the  same. 

2  Stcat.  445,480;  4  id.  GG5.  Diipas  v.  Wassell,  1  Dillon,  C.  C.  213. 
1  Op.  Att.  Geu.  1G4,  180,  471,  475,703;  2  id.  575;  3  id.  255, 506;  7 
id.  535;  lOid.  71,  184.  Wood  v.  Railway  Co.,  11  Kansas,  323;  Bos- 
ton V.  Dodge,  1  Blackf.  (Ind.)  18;  McKiernan  v.  Hesse,  51  Cal. 
594;  Duncan  r.  Hall,  9  Ala.  128;  Floyd  v.  Ricks,  14  Ark.  286. 

For?ing,  conn-  Sec.  477.  Evcry  persou  who  falsely  makes,  alters,  forges, 
palsing  ^^I'tary  or  Counterfeits  any  military  bounty -land  warrant,  or  military 
^Mtfiand  war-  bouuty-land  warrant  certificate,  issued  or  purporting  to  have 
been  issued  by  the  Commissioner  of  Pensions  under  any 
act  of  Congress,  or  any  certificate  of  location  of  any  mili- 
tary bounty -land  warrant,  or  any  dui)licate  thereof,  or  mili- 
tary bounty-land  warrant  certificate  upon  any  of  the  lands 
of  the  United  States,  or  any  certificate  of  the  purchase  of 
any  of  the  lands  of  the  United  States,  or  any  duplicate  cer- 
tificate of  the  purchase  of  any  of  the  lands  of  the  United 
States,  or  any  receipt  for  the  purchase  money  of  any  of  the 
lands  of  the  United  States,  or  any  duplicate  receipt  for  the 
purchase  money  of  any  lauds  of  the  United  States,  issued  or 
purporting  to  have  been  issued  by  the  register  and  receiver  at 
any  laud  office  of  the  United  States,  or  by  either  of  them,  or 
"who  passes,  utters,  or  pubhshes  as  true  any  false,  forged,  or 
counterfeited  military  bounty -land  warrant,  military  bouuty- 
land  warrant  certificate,  certificate  of  location,  or  duplicate 
certificate  of  location,  certificate  of  purchase,  dui)licate  cer- 
tificate of  purchase,  receipt  or  dui)licate  receipt,  for  the  pur- 
chase money  of  any  of  the  lands  of  the  United  States,  know- 
ing the  same  to  be  false  or  forged,  shall  be  imj)risoued  at 
hard  labor  not  less  than  three  years  nor  more  than  ten  years. 
11  Stat.  381;  R.  S.  5420. 

offfi^ecorS  ^^^-  ^^^-  I*  ^^y  ^^^  s^^^l  ^^  lawful  for  the  keepers  or 
relating  to  lauds,  persons  haviug  the  custody  of  laws,  judgments,  orders,  de- 
crees, journals,  correspondence,  or  other  imblic  documents 
of  any  foreign  government  or  its  agents,  relating  to  the  title 
to  lands  claimed  by  or  under  the  United  States,  on  the  ap- 
plication of  one  of  the  head  of  one  of  the  departments,  the 
Solicitor  of  the  Treasury,  or  the  Commissioner  of  the  Gen- 
eral Land  Office,  to  authenticate  the  same  under  his  hand 
and  seal,  and  certify  the  same  to  be  correct  and  true  copies 


MISCELLANEOUS    PROVISIONS    RELATING   TO    PUBLIC    LANDS.    181 

of  such  laws,  judgments,  orders,  decrees,  journals,  corre- 
spondence, or  other  public  documents ;  and  when  the  same 
shall  be  certified  by  an  American  minister  or  consul  under 
his  hand  and  seal  of  office,  or  by  a  judge  of  one  of  the  United 
States  courts  under  his  hand  and  seal,  to  be  true  copies  of 
the  originals,  the  same  shall  be  sealed  up  by  him  and  re- 
turned to  the  Solicitor  of  the  Treasury,  who  shall  file  the 
same  in  his  office,  and  cause  it  to  be  recorded  in  a  book  to  be 
kept  for  that  purpose.  A  copy  of  said  laws,  judgments, 
orders,  decrees,  journals,  correspondence,  or  other  public 
documents  so  filed,  or  of  the  same  so  recorded  in  said  book, 
may  be  read  in  evidence  in  all  courts,  where  the  title  to  land 
claimed  by  or  under  the  United  States  may  come  into  ques- 
tion, equally  with  the  originals  thereof. 

9  Stat.  350,  351.  U.  S.  r.  Delespine's  Heirs,  12  Pet.  654 ;  U.  S.  v. 
Wiggins,  14  id.  334 ;  U.  S.  v.  Rodman,  15  id.  130 ;  U.  S.  v.  Deles- 
pine's  Heirs,  15  id.  226 ;  U.  S.  i'.  Brewart,  16  id.  143 ;  U.  S.  v.  Acosta, 
1  How.  24 ;  U.  S.  v.  Le  Blanc,  12  id.  435 ;  U.  S.  v.  Peralta,  19  id. 
343.    Gregory  v.  McPhersou,  13  Cal.  562  ;  People  v.  Kelly,  38  id.  145. 

Sec.  479.  In  all  cases  where  any  oath,  affirmation,  or  af-  Perjury mMth* 
fidavit  shall  be  made  or  taken  before  any  register  or  re-  aces.  "^  ^  " " 
ceiver,  or  either  or  both  of  them  of  any  local  land  office  in 
the  United  States  or  any  Territory  thereof,  or  where  any 
oath,  affirmation,  or  affidavit,  shall  t3e  made  or  taken  before 
any  person  authorized  by  the  laws  of  any  State  or  Territory 
of  the  United  States  to  administer  oaths  or  affirmations,  or 
take  affidavits,  and  such  oaths,  affirmations,  or  affidavits  are 
made,  used,  or  filed  in  any  of  said  local  land  offices,  or  in 
the  General  Land  Office,  as  well  in  cases  arising  under  any 
or  either  of  the  orders,  regulations,  or  instructions,  concern- 
ing any  of  the  public  lands  of  the  United  States,  issued  by 
the  Commissioner  of  the  General  Land  Office,  or  other  proper 
officer  of  the  Government  of  the  United  States,  as  under 
the  laws  of  the  United  States,  in  any  wise  relating  to  or 
effecting  any  right,  claim,  or  title,  or  any  contest  therefor, 
to  any  of  the  public  lands  of  the  United  States,  and  any 
person  or  i^ersons  shall,  taking  such  oath,  affirmation  or 
affidavit,  knowingly,  wilfully,  or  corruptly  swear  or  affirm 
falsely,  the  same  shall  be  deemed  and  taken  to  be  i)erjury, 
and  the  person  or  persons  guilty  thereof  shall,  upon  convic- 
tion, be  liable  to  the  punishment  prescribed  for  that  offence 
by  the  laws  of  the  United  States. 

11  Stat.  250,  251.  People  v.  Kelly,  38  Cal.  145;eBarrell  v.  How,  48 
id.  223 ;  Ainsworth  v.  Miller,  2(3  Kansas,  220. 

Sec.  480.  Every  person  who  falsely  makes,  forges,  counter-  *ef°''|te-*,t"'  ^"*" 
feits,  or  alters  any  letters-patent  granted,  or  purporting  to  ^^^'^ 
have  been  granted  by  the  President  of  the  United  States ; 
or  who  passes,  utters,  or  publishes,  or  attempts  to  pass,  utter, 
or  publish  as  genuine,  any  such  forged,  counterfeited,  or 
falsely  altered  letters-patent,  knowing  the  same  to  be  forged, 
counterfeited,  or  falsely  altered,  shall  be  punished  by  a  fine 
of  not  more  than  five  thousand  dollars,  and  by  imprisonment 
at  hard  labor  not  more  than  ten  years. 

4  Stat.  119;  R.  S.  5416. 

Sec.  481.  Every  person  who  falsely  makes,  alters,  forges,  y,id°'"|^':'io  ^ 
or  counterfeits  any  bid,  proposal,  guarantee,  official  bond,  ord'  &o.  ' 


182    MISCELLANEOUS    PROVISIONS    RELATING    TO    PUBLIC    LANDS. 

public  record,  aflBdavit,  or  other  writing,  for  tiio  purpose  of 
defrauding  the  United  States,  or  utters  or  publislies  as  true 
any  such  false,  forged,  altered,  or  counterfeited  bid,  i)ro- 
posal,  guarantee,  ollicial  bond,  public  record,  affidavit,  or 
other  writing,  for  such  puri)ose,  knowing  the  same  to  be 
'  false,  forged,  altered,  or  counterfeited  or  transmits  to  or 

presents  at  the  office  of  any  officer  of  the  United  States  any 
such  false,  forged,  altered,  or  counterfeited  bid,  proposal, 
guai-antee,  official  bond,  public  record,  affidavit,  or  other 
writing,  knowing  the  same  to  be  false,  forged,  altered,  or 
counterfeited,  for  such  purpose,  shall  be  imprisoned  at  hard 
labor  for  a  period  not  more  than  ten  years,  or  be  fined  not 
more  than  one  thousand  dollars,  or  be  punished  by  both  such 
fine  and  im^jrisoument. 

14  Stat.  12;  R.  S.  5418. 

Forgine  deed,  Sec.  482.  Every  pcrson  who  falsely  makes,  alters,  forges, 
aej,^&.c  ''""'^  or  counterfeits ;  or  causes  or  procures  to  be  falsely  made, 
altered,  forged,  or  counterfeited  ;  or  willingly  aids  or  assists 
in  the  false  making,  altering,  forging,  or  counterfeiting,  any 
deed,  ijower  of  attorney,  order,  certificate,  receipt,  or  other 
writing,  for  the  purj)ose  of  obtaining  or  receiving,  or  of  en- 
abling any  other  person,  either  directly  or  indirectly,  to  ob- 
tain or  receive  from  the  United  States,  or  any  of  their  officers 
or  agents,  any  sum  of  money ;  or  who  utters  or  publishes 
as  true,  or  causes  to  be  uttered  or  pubhshed  as  true,  any 
such  false,  forged,  altered,  or  counterfeited  deed,  power 
of  attorney,  order,  certificate,  receipt,  or  other  writing, 
with  intent  to  defraud  the  United  States,  knowing  the  same 
to  be  false,  altered,  forged,  or  counterfeited;  or  who  trans- 
mits to,  or  presents  at,  or  causes  or  procures  to  be  transmitted 
to,  or  presented  at,  any  office  or  officer  of  the  Government 
of  the  United  States,  any  deed,  power  of  attorney,  order, 
certificate,  receipt,  or  other  writing,  in  support  of,  or  in  rela- 
tion to,  any  account  or  claim,  with  intent  to  defraud  the 
United  States,  knowing  the  same  to  be  false,  altered,  forged, 
or  counterfeited,  shall  be  imprisoned  at  hard  labor  for  a 
period  of  not  less  than  one  year  nor  more  than  ten  years  ; 
or  shall  be  imprisoned  not  more  than  five  years,  and.  fined 
not  more  than  one  thousand  dollars. 

3  Stat.  771 ;  R.  S.  5421. 
Having  forged  Sec.  483.  Evcry  person  who,  knowingly  and  with  intent 
papera  in  posses-  ^q  dcfraud  the  tTnitcd  states,  has  in  his  possession  any  false, 
altered,  forged,  or  counterfeited  deed,  power  of  attorney, 
order,  certificate,  receipt,  or  other  writing,  for  the  purpose 
of  enabling  another  to  obtain  from  the  United  States,  or 
any  of  their  officers  or  agents,  any  sum  of  money,  shall  be 
fined  and  imprisoned  at  the  discretion  of  the  court. 

3  Stat.  772  ;  R.  S.  5422. 

Dispossessed  Qec.  484.  When  an  occui)ant  of  land,  having  color  of  title, 
t^toTe^rlmed^s  in  good  faith  has  made  valuable  improvements  thereon,  and 
la  certain  cases,  jg^  jj^  h^q  jjroper  actiou,  found  not  to  be  the  rightful  owner 
thereof,  such  occupant  shall  be  entitled  in  the  Federal  courts 
to  all  the  rights  and  remedies,  and,  upon  instituting  the 
proper  proceedings,  such  relief  as  ma;^  be  given  or  secured 
to  him  by  the  statutes  of  the  State  or  Territory  where  the 


MISCELLANEOUS    PROVISIONS   RELATING    TO    PUBLIC    LANDS.    183 

land  lies,  although  the  title  of  the  plaintiff  in  the  action 
may  have  been  granted  by  the  United  States  after  said  im- 
provements were  so  made. 
18  Stat.  50. 

Sec.  485.  Any  railroad  company  now  or  hereafter  incor-    Connection  of 
porated  under  any  law  of  the  United  States,  or  of  any  State,  with^unkj^^pi! 
which  has  been  or  may  be  organized  by  an  act  of  Congress,  ciflc,  &c. 
may  connect  its  road  with  the  Union  Pacific  Eailroad,  or 
any  of  its  branches. 

12  Stat.  496;  18  id.  112;  R.  S.  5257. 

Sec.  486.  Every  railroad  company  in  the  United  States,  j^^^^^^gj®^"™- 
whose  road  is  operated  by  steam,  its  successors  and  assigns, 
is  hereby  authorized  to  carry  upon  and  over  its  road,  boats, 
bridges,  and  ferries,  all  passengers,  troops,  Government  sup- 
plies, mails,  freight,  and  property  on  their  way  from  any 
State  to  another  State,  and  to  receive  compensation  there- 
for, and  to  connect  with  roads  of  other  States  so  as  to  form 
continuous  lines  for  the  transportation  of  the  same  to  the 
place  of  destination.  But  this  section  shall  not  affect  any 
stipulation  between  the  Government  of  the  United  States 
and  any  railroad  company  for  transportation  or  fares  with- 
out compensation,  nor  impair  or  change  the  conditions  im- 
posed by  the  terms  of  any  act  granting  lands  to  any  such 
company  to  aid  in  the  construction  of  its  road,  nor  shall  it 
be  construed  to  authorize  any  railroad  company  to  build  any 
new  road  or  connection  with  any  other  road  without  author- 
ity from  the  State  in  which  such  railroad  or  connection  may 
be  proposed.  And  Congress  may  at  anytime  alter,  amend, 
or  repeal  this  section. 

14  Stat.  66;  R.  S.  5258. 

Sec.  487.  Whenever,  in  any  grant  of  land  or  other  subsi-     compensation 
dies,  made  or  hereafter  to  be  made,  to  railroads  or  other  cor-  ^^ted^by'^he 
porations,  the  United  States  has  reserved  the  right,  or  shall  united  states. 
reserve  it,  to  appoint  directors,  engineers,  commissioners,  or 
other  agents  to  examine  the  roads,  or  act  in  conjunction 
with  other  oflEicers  of  such  company  or  companies,  all  the 
costs,  charges,  and  pay  of  such  directors,  engineers,  com- 
missioners, or  agents  shall  be  paid  by  the  respective  compa- 
nies.    Such  directors,  engineers,  commissioners,  or  agents 
shall  be  paid  for  such  services  the  sum  of  ten  dollars  per 
day,  for  each  and  every  day  actually  and  necessarily  em- 
ployed, and  ten  cents  per  mile  for  each  and  every  mile  act- 
ually and  necessarily  traveled,  in  discharging  the  duties  re- 
quired of  them,  which  per  diem  and  mileage  shall  be  in  full 
compensation  for  such  services.    In  case  any  company  shall 
refuse  or  neglect  to  make  such  payments,  no  more  patents  ,,^^jjg*^\°*^^ 
for  lands  or  other  subsidies  shall  be  issued  to  such  company  ilew.' 
until  these  requirements  are  complied  with. 
14  Stat.  299 ;  R.  S.  5259. 


INDEX 


BOmTTY-LAND  WARRANTS  AND  SCRIP. 


Bounty  lands  for  soldiers  in  certain  wars 

Certain  classes  of  persons  in  the  Mexican  war,  their  widows,  &c.,  entitled  to  forty  acres.. 

Militia  and  volunteers  in  service  since  1811! 

Persons  not  entitled  under  preceding  sections 

Period  of  captivity  added  to  actual  service , 

Warrant  and  patent  to  issue,  when 

"Widows  of  persons  entitled 

Additional  bounty  lands,  &c 

Classes  under  last  section  specified.  ..  

What  classes  of  persons  entitled  under  section  314  without  regard  to  length  of  service 

Widows  and  children  of  persons  entitled  under  section  314 

Subsequent  marriage  of  widow 

Minors  under  section  317 

Proof  of  service 

Former  evidence  of  right  to  bounty  land  to  be  received  in  certain  cases 

Allowance  of  time  of  service  for  distance  from  home  to  place  of  muster  or  discharge 

Indians  included 

Former  evidence  of  right  to  a  pension  to  be  received  in  certain  cases  on  application  for 
bounty  land 

Deserters  not  entitled  to  bounty  land 

Lost  warrants,  provisions  for 

Discharges;  omissions  and  loss  of,  provided  for 

New  warrant  issued  in  lieu  of  lost  warrant 

Regulations  of  Secretary  of  Interior 

Death  of  claimant  after  establishing  right,  and  before  issuing  of  warrant 

When  proofs  may  be.flled  by  legal  representatives 

Military  bounty-land  warrants  and  locations  assignable 

Warrants  located  on  double-minimum  lands;  excess  paid  in  cash 

Claims  for  bounty  lands  in  virtue  of  certain  acts  named 

Same  subject 

Sales,  mortgages,  letters  of  attorney,  &c.,  made  before  issue  of  warrant,  to  be  void 

Warrants  to  be  located  free  of  expense  by  Commissioner  of  Land  Office,  &c 

Mode  of  issuing  patents  to  the  heirs  of  persons  entitled  to  bounty  lands 

Relocation  of  military  bounty-land  wariants  in  cases  of  error 

Authorizing  the  issuance  of  Sioux  half-breed  scrip 

Certificates  of  location  or  scrip  to  issue  in  satisfaction  of  confirmed  private  land  claims 
which  cannot  be  located 

Issuance  and  location  of  judicial  scrip  in  lieu  of  confirmed  private  land  claims 

Patent  to  issue  on  scrip  locations 

Porterfield  scrip,  how  located 

Valentine  scrip,  how  located 

Coles  scrip,  how  issued  and  located 

Chippewa  half-breed  scrip,  Red  Lake  and  Pembina  bands 

Chippewa  half-breed  scrip.  Lake  Superior  bands 

Certain  lands  located  in  good  faith  by  claims  arising  under  treaty  of  September  30,  1854, 
may  be  purchased,  &c 

Scrip  may  be  issued  to  owners  of  military  land-warrants,  issued  by  the  United  States  in 
satisfaction  of  claims  for  bounty  land  tor  service  during  revolutionary  war,  upon  sur- 
render thereof  to  the  Secretary  of  the  Interior 

Secretary  of  the  Interior  may,  upon  proof,  issue  scrip  in  satisfaction  of  certain  outstand- 
ing Virginia  land-warrants 


DESERT  LANDS. 

Desert  lands  may  be  purchased.  Dcclaiation.  Right  to  use  water.  Water  on  public 
lands  to  be  free.  Contents  of  declaration.  Perfection  of  title.  Limitation  upon  quan- 
tity   

Definition  of  desert  lands 

Localities  to  which  the  law  applies 


DONATIONS. 


Note. 


307 
308 
309 
310 
311 
312 
313 
314 
315 
316 
317 
318 
319 
320 
321 
322 
323 

324 
325 
326 
327 
328 
329 
330 
331 
332 
333 
334 
335 
336 
337 
338 
339 
340 

341 
342 
343 
344 
345 
340 
347 
348 


350 
351 


426 
427 
42 


EASEMENTS. 

Navigable  rivers  public  liighways.    Banks  of  streams  not  navigable,  how  held  . . . 

Rio;ht  of  way  for  highways  over  public  lands 

If  lands  granted  for  right  of  way  are  not  used,  &c.,  to  revert  to  the  Government . 

Mineral  locators'  rights  of  possession  and  enjoyment 

Right  of  way  in  intersecfing  veins  in  mines. 


What  conditions  of  sale  may  bo  made  by  local  legislature , 

Vested  rights  to  use  of  water  for  mining,  &c. ;  right  of  way  for  canals 

Patents,  pre-emptions,  and  homesteads,  subject  to  vested  and  accrued  water-rights., 

185 


440 
441 
442 
443 
444 
445 
446 
447 


186 


INDEX. 


EASEilENTS— Continued. 

Rit:ht  of  way,  lunteriiils,  atation-jrrounds,  &c.,  granted  to  railroads 

Bights  of  several  railroads  through  cafion,  pass,  or  dolilo.  Crossing  at  grade.  Wagon- 
toads,  rights  of ". 

Private  lauds  and  possessory  claims,  how  condemned 

Protile  of  road  churning  benefits,  when  to  bo  filed.  Disposal  of  lands  subject  to  right  of 
way.    Forfeiture  of  right 

Application  of  this  act 

Eight  to  alter,  amend,  (fcc 

Use  of  public  domain,  &c.,  by  telegraph  company 

Use  of  materials  from  public  lands 

These  rights  not  transferable 

Government  to  have  priority  in  transmission  of  messages • 

Government  entitled  to  jiurchaso  lines 

Acceptance  of  obligations  to  bo  tiled 

Penalty  for  refusal  to  transmit  diapatchea 

Timber  lands  to  be  patented  subject  to  accrued  right  of  way  and  water- rights 

GENERAL  LAND  OFFICE. 

jCommissioner  of  the  General  Land  Office 

Duties  of  the  Commissioner 

Commissioner  to  have  custody  of  seal,  books,  records,  &c 

Commissioner  to  make  plats  and  furnish  information  when  required  by  the  President  or 
ConCTesa 

To  audit  and  settle  accounts  relative  to  public  lands 

Fees  for  exemplified  copies  of  records  and  patents 

Entry  of  lands  in  States  where  there  are  no  land  offices 

Commissioner  to  perfonn  duties  of  surveyor-general  when  surveying  district  is  discon- 
tinued   

Appeals  from  decisions  of  district  land  officers  and  Commissioner  in  pre-emption  contests 

"Where  preemptor  after  filing  for  land  becomes  register  or  receiver 

Commissioner  nas  power  to  regulate  costs  of  survej'  and  publication  in  mineral  cases  — 

Commissioner  to  fix  maximum  price  of  reservations  restored  to  market 

Commissioner  authorized  to  allow  erroneous  description  in  entries  to  be  corrected 

Commissioner  shall  prescribe  regulations  for  sale  of  town  lots 

Commissioner  shall  approve  all  contracts  for  surveys 

Commissioner's  instructions  deemed  part  of  contract  for  surveying 

Commissioner  shall  fix  the  price  of  public  surveys  and  instmct  surveyor-general  how  to 
keep  accounts  of  costs  of  surveys  of  private  land  claims 

Commissioner  shall  issue  instructions  for  surveys  under  deposit  system 

Commissioner  may  allow  augmented  rates  for  suiveys  of  forests,  &  .,  in  Oregon 

Commissioner  may  allow  augmented  rates  for  surveys  of  forests,  &c.,  in  California  and 
Washington  Territory 

Commissioner  shall  prescribe  regulations  and  terms  for  geodetic  surveys  in  Oregon  and 
California , 

Commissioner  may  allow  compensation  by  the  day  for  surveys  in  Oregon  and  Caltfomia  . , 

Commissioner  shall  prescribe  regulations  for  assignment  and  location  of  bounty-land 
warrants 

Commissioner  shall  cause  bounty-land  warrants  to  be  located  free  of  expense 

Commissioner  shall  prescribe  regulations  for  relocation  of  bounty-land  warrants 

Commissioner,  conjointly  with  Secretary  of  Interior  and  Attorney-General,  shall  adjudi- 
cate suspended  entries 

Commissioner  may  order  certain  lands  into  market  without  Presidential  proclamation. . . 

Commissioner  may  reissue  patents  on  entries  contii-med  by  board  for  equitable  adjudication 

Commissioner  shall  prepare  copies  of  records  and  papers  for  use  in  courts  of  justice 

Commissioner  shall  allow  indemnity  for  swamp  lands 

Commissioner  may  make  regulations  for  execution  of  public  land  laws 

Commissioner  to  perform  duties  of  recorder  of  land  titles  for  Missouri 

Commissioner  shall  issue  patents  for  public  lands  and  private  land  claims 

Commissioner  to  issucpatents  on  claims  heretofore  confirmed 

Fee-simple  to  pass  in  all  grants  of  land  to  States  and  Temtorios  where  lands  are  of 
character  granted 

Chief  clerk  of  General  Laud  Office ■ 

Recorder  of  General  Land  Office 

Duties  of  recorder 

Patents,  how  executed 

Principal  clerks  of  public  lands  and  private  land  claims 

Officers,  clerks,  and  employes  of  General  Land  Office  not  to  be  interested  in  purchase  of 
public  lands 

Secretary  to  the  President  to  sign  land  patents 

Assistant  secretary  to  sign  land  patents 

"Warrants  for  military  lands  to  be  recorded,  &c 

Authentication  of  pajiers  filed  in  the  Department  of  the  Interior 

Principal  clerk  of  surve j'S 

GENERAL  GRANTS  TO  STATES  AND  TERRITORIES. 

Grant  to  new  States 

Selections  and  locations  of  lands  granted  in  last  section 

Grant  of  swamp  and  overflowed  lands  to  certain  States  to  aid  in  construction  of  levees,  &c. 


448 

449 

450 

451 
452 
453 
454 
455 
456 
457 
458 
459 
460 
461 


31 
32 
33 

34 
35 
36 
37 

38 
39 
40 
41 
42 
43 
44 
45 
46 

47 
48 
49 


352 
353 
354 


INDEX. 


187 


GENERAL  GRANTS  TO  STATES  AND  TERRITORIES— Continued. 

Secretary  of  Interior  to  make  lists  of  such  lands  for  transmission  to  the  governors  of  the 
States 

Legal  subdivisions,  mostly  wet  and  unfit  for  cultivation 

Indemnity  to  States  where  lands  have  been  sold  by  United  States •----. 

Patents  to  issue  for  swamp  lands  to  purchasers  and  locators  prior  to  issuing  of  patents 

to  States,  (fee 

Selections  of  swamp  and  overflowed  lands  confirmed 

Swamp-land  grants  to  Oregon  and  Minnesota 

Public  lands,  not  mineral,  granted  to  each  State  for  purpose  of  establishing  agricultural 

collej 


Agricultural-college  scrip  to  be  issued,  when.  Proceeds  of  sales,  how  applied.  Assignees 
of  State  to  locate  scrip.  May  be  located  on  ofifered  lands  or  received  ttom  pre-emption 
settlers  in  payment  for  lands.    Limitations 

Expenses  of  management,  &c.,  to  be  paid  by  States 

Moneys  from  sale  of  land  and  scrip  to  be  invested,  and  interest  applied  to  support  of  col- 
lege of  agriculture  and  the  mechanic  arts 

Conditions  of  grant,  assent  of  States.  Diminution  of  fond  to  be  made  up  by  State.  An- 
nual interest  to  be  applied  regularly.  Funds  not  to  be  expended  for  buildings.  College 
to  be  furnished  or  moneys  refunded  to  United  States.  Annual  reports  of  colleges.  Com- 
putation when  double-minimum  lands  are  selected.  States  in  rebellion  not  entitled  to 
benefit  of  grant.    Assent  of  States  to  be  given  prior  to  July  1,  1874 

Tees  of  land  oflicers 

Governors  of  States  to  report  annually  to  Congress 

New  States  entitled  to  benefits  of  grant 

Nevada  may  select  double-minimum  lands  not  mineral 

Selection  of  lands  granted  to  California,  &c ■ 

Selection  of  lands  granted  to  Oregon,  &c  ■ 

Selections  by  Oregon  confirmed,  except  when  legally  appropriated 

Locations  in  excess  of  quantity  allowed,  confirmed 

Certain  excess  locations  in  Wisconsin  confirmed 

Reissue  of  agricultural-coUege  scrip 

Settlements  before  survey  on  sections  16  or  36,  deficiencies  thereof 

Selections  to  supply  deficiencies  of  school  lands 

Fee-simple  to  pass  in  all  grants  of  land  to  States  and  Territories,  when 

Certain  States  to  be  paid  10  per  cent,  on  net  proceeds  of  sales  of  public  lands  therein,  &c. . 

After  deducting  said  10  per  cent.,  &c.,  residue  to  be  divided  among  States,  &c.,  of  Union, 
how.    To  be  applied  as  legislature  may  direct  s 

Net  proceeds  of  sales  of  public  lands  payable  at  the  Treasury  half-yearly,  to  whom 

Money  due  to  be  first  applied  to  payment  of  debts  to  United  States 

Length  of  continuation  of  this  grant 

Not  less  than  $150,000  to  be  appropriated  annually  for  surveys  

Amount  due  on  State  stocks  held  by  United  States  in  trust  to  be  withheld  from  States  in 
case  of  default  of  principal  or  interest 


HOMESTEADS. 


Who  may  enter  certain  unappropriated  lands 

Mode  of  procedure 

Pre-emption  filing  changed  to  homestead  entry 

Homestead  settlers  allowed  same  time  as  pre-emptors  to  file  application  for  lands 

Certificate  and  patent,  when  given  and  issued.    Proof  of  residence,  &c 

When  rights  inure  to  the  benefit  of  infant  children 

Homestead  entries  of  insane  persons  confirmed  in  certain  cases - 

Persons  in  military  or  naval  service,  when  and  before  whom  to  make  afiidavit 

When  persons  may  make  affidavit  before  clerk  of  court 

Record  of  applications 

Homestead  lands  not  to  be  siibject  to  prior  debts 

When  lands  entered  for  homesteads  revert  to  Government 

Publication  of  notice  of  contest  in  homestead  cases 

Notice  of  intention  to  make  final  proof 

Publication  of  notice  of  entry 

Lands  covered  by  relinquished  homestead  claims  subject  to  entry  at  once 

Party  contesting  homestead  entry  allowed  thirty  days  after  notice  of  canooUation  to 

make  entry 

Limitation  of  amount  entered  for  homestead ■ 

Existing  pre-emption  rights  not  impaired ■ 

What  minors  may  have  the  privileges  of  this  chapter 

Payment  before  exx)iration  of  five  years,  rights  oi  applicant 

No  distinction  on  account  of  race,  color,  &c 

What  lands  dispos<!(l  of  only  as  homesteads.    Disposition  of  lands  in  certain  States 

Soldiers'  and  sailors'  homesteads • 

Deduction  of  military  and  naval  service  from  time,  &o 

Persons  who  have  entered  less  than  160  acn-s,  rights  of 

Widows  and  minor  children  of  persons  entitled  to  homestead,  &o 

Actual  service  in  the  Army  or  Navy  equivalent  to  residence,  &c 

Who  may  «^ntorby  agi^nt 

Homestf^ad  right  extended  to  Indians  who  sever  their  tribal  relations 

Certain  Indian  homesteads  confirmed 

Chiefs,  &c.,  of  Stockbridge  Munsees,  homestead  rights  of 


355 
350 
357 

358 
359 
360 

361 


362 
363 


364 


365 
366 
367 
368 
369 
370 
371 
372 
373 
374 
375 
376 
377 
378 
379 

380 
381 
382 
383 
384 


212 
213 
214 
215 
216 
217 
218 
219 
220 
221 
222 
223 
224 
225 
226 
227 

228 
229 
230 
231 
232 
233 
234 
235 
236 
237 
238 
239 
240 
241 
242 
243 


188 


INDEX. 


HOMESTEADS— Continued. 

Exoniption  of  liomcsteail  of  Stockbridfro  Munsces 

Sttukbriil-ro  iliiuspes  beconiins:  citizens 

TTnsola  liiuls  of  Ottawa  an<l  Chlppowa  Indians,  bow  opened  for  homesteads 

Select  ions  for  minors  unilor  pitcodinj;  section 

Bona-fido  scttlora  on  above  lands  prior  to,  ic , 

Certain  binds  to  be  patented  to  Indians  making  selection 

Cultivation  of  trees  on  boraestead  tracts 

Ent  ry  of  ICO  acres  i>f  donble-minimniu  lands  allowed  after  March  3, 1879.    Additional  entry 

of  adjoining  lands  allowed.    Xew  entry,  when  allowed 

Claimants  or  their  assignees  may  pnrchaso  lands  at  $1.25  per  acre  in  certain  cases , 

Contirmation  of  homestead  entries  within  railroad  limits  made  prior  to  receipt  of  notice 

of  withdrawal  at  local  office , 

Lands  within  railroad  grants  re-entered  by  claimants  after  abandonment 

Homestead  entries  made  after  expiration  of  land  grants,  confirmed 

Settlers  may  convey  lands  for  certain  public  purposes 

LAXD  DISTRICTS  AND  OFFICERS. 

Land  districts 

"When  laud  office  may  be  discontinued  by  Secretary  of  the  Interior 

"When  land  office  may  be  continued  by  Secretary  of  the  Interior , 

"When  lantl  office  may  be  annexed  to  .idjacent  district  by  the  President 

Change  of  location  of  Land  office  by  the  President 

Discontinuance  of  land  offices  by  the  President 

Change  of  boundaries  of  land  districts,  and  establishment  of  additional  districts  for  sale  of 

mineral  lands 

Business  of  original  district  in  case  of  change  of  boundaries 

Allowance  of  office  rent  and  clerk  hire  for  consolidated  offices 

Appoiurmcnt  of  registers  and  receivers 

Duration  of  office  of  registers  and  receivers 

Residence  of  registers  and  receivers 

Bond  of  registers  and  receivers , 

Fees  and  commissions  of  registers  and  receivers 

Fees  of  registers  and  receivers  for  consolidated  land  offices 

Maximum'compens.ition  of  registers  and  receivers 

Excess  of  compensation  to  be  paid  into  Treasury 

Illegal  fees ;  penalty 

Compensation  of  registers  and  receivers,  when  to  commence 

Monthly  and  quarterly  returns  of  receivers , 

Oaths  administered  by  registers  and  receivers 

Penalty  for  false  infoi-mation 

Deposit  of  public  money , 

"Wnere  claimant  of  entiy  becomes  register  or  receiver , 

MLNEEAL  LANDS. 

Mineral  lands  resetted 

Mineral  lands  open  to  purchase  by  citizens 

Length  of  mining  claims  upon  veins  or  lodes 

Proof  of  citizenship 

Locators'  rights  of  possession  and  eiyoyment 

0\vners  of  tunnels,  rights  of 

Subjects  upon  which  miners  may  make  regulations.  Conditions  same  are  subject  to. 
What  miners'  records  shall  contain.  Annual  expenditures.  Forfeiture  and  right  of 
relocation.  Mode  of  forfeiture  for  failure  of  co-owners  to  contribute  to  annual  expend- 
itures   

Patents  for  mineral  lands,  how  obtained.  Authority  for  agents  to  make  applications  and 
affidavits 

Adverse  claim,  proceedings  on 

Description  of  vein  claims  on  surveyed  and  unsur^'eyed  lands 

Pending  applications,  existing  rights , 

Conformity  of  placer  claims  to  surveys,  limit  of , 

Subdivisions  of  ten-acre  tracts ;  maximum  of  placer  locations 

Conformity  of  placer  claims  to  surveys ;  limitation  of  claims 

"What  evidence  of  possession,  &c.,  to"  establish  a  right  to  a  patent 

Proceedings  for  patent  for  placer  claims,  &c 

Surveyor-general  to  appoint  suirveyors  of  mining  claims,  &c 

Verifications  of  affidavits,  &c 

"Where  veins  intersect,  Sec 

Patents  for  non-mineral  lands,  &c 

What  conditions  of  sale  may  be  made  by  local  legislature 

"Vested  rights  to  use  of  water  for  mining,  &c. ;  right  of  way  for  canals 

Patents,  pre-emptions,  and  homesteads  subject  to  vested  and  accrued  water-rights 

Mineral  lands,  in  which  no  valuable  mines  are  discovered,  open  to  homesteads 

Mineral  lands,  how  set  apart  as  agricultural  lands 

Additional  land  districts  and  officers,  power  of  the  President  to  provide 

Provisions  of  this  chapter  not  to  affect  certain  rights 

Mineral  lands  in  certain  States  excepted 

Deposits  of  coal,  iron,  and  lead  in  Missouri  and  Kansas  excepted 

Grants  of  lands  to  States  or  corporations  not  to  include  mineral  lands    


124 
125 
126 
127 
128 
129 

130 
131 
132 
133 
134 
135 
136 
137 
138 
139 
140 
141 
142 
143 
144 
145 
146 
147 


386 
387 
388 
389 
390 
391 


392 

393 

394 
395 
396 
397 
398 
399 
400 
401 
402 
403 
404 
405 
406 
407 
408 
409 
410 
411 
412 
413 
414 
415 


INDEX. 


189 


MINERAL  LANDS— Continued. 

Entry  of  coal  lands 

Pre-emption  of  coal  lands • 

Pre-emption  claims  of  coal  lands  to  be  presented  within  sixty  days,  &c 

Only  one  entry  allowed 

Conflicting  claims 

Rights  reserved 

MISCELLANEOUS  PROVISIONS  RELATING  TO  THE  PUBLIC  LANDS. 

Cases  of  suspended  entries  of  public  lands  arid  suspended  pre-emption  claims 

Adjudications  under  above  ;  how  approved 

Report  of  adjudications  under  preceding  sections 

Decisions  to  be  arranged  into  classes 

Patents  to  issue  for  lands  in*the  first  class,  and  lands  in  the  second  class  to  revert  to  the 
United  States ■ 

Commissioner  to  order  into  market  lands  of  second  class 

Patents  surrendered  and  new  ones  issued  in  certain  cases 

Extent  of  foregoing  provisions 

Copies  of  records,  &c.,  to  be  certified 

Exemplifications  valid  without  names  of  oflScers  signing  and  countersig|ning 

Lands  of  United  States,  by  whatsoever  title  acquired,  not  to  be  occupied,  possessed,  or 
settled  but  with  consent  of  United  States.  Titles  of  intruders  forfeited.  President  au- 
thorized to  remove  intruders.  Mode  of  removal.  Marshal,  &c.,  authorized,  under  in- 
structions from  the  President,  to  oust  intruders      

Forging,  counterfeiting,  or  passing  military  bounty -land  warrants 

Authentication  of  foreign  records  relating  to  lands 

Perjury  in  oaths  used  in  land  oifices 

Porgery  of  letters-patent 

Forgery  of  bid,  public  record,  &c 

Forging  deed,  power  of  attorney,  &c 

Having  forged  papers  in  possession 

Dispossessed  occupants  of  land  to  have  remedies  in  certain  cases 

Connection  of  other  raihoads  with  Union  Pacific,  &c 

Inter-State  communication 

Compensation  of  directors,  «&;c.,  appointed  by  the  United  Stiates.  Patents  for  lands,  when 
withheld 

PRE-EMPTIONS. 

Lands  subject  to  pre-emption 

Lands  not  subject  to  pre-emption 

Persons  entitled  to  pre-emption 

Persons  not  entitled  to  pre-emption 

Limitation  of  pre-emption  right 

Oath  of  pre-emptionist,  where  filed ;  penalty.  Final  proof  made  before  clerk  of  county  court 

Notice  of  intention  to  make  final  proof 

Publication  of  notice  of  entry 

Proof  of  settlement.    Assignment  of  pre-emption  rights 

Claim  filed  by  settler  on  land  not  proclaimed  for  sale - 

Statement  to  bo  filed  by  settler  with  intent  to  purchase  on  lands  subject  to  private  entry. 

Declaratory  statement  of  settlers  on  unsurveyed  lands ;  when  filed 

Pre-emption  claimants ;  time  of  making  proof  and  payment 

Lands  relinqnisbed  by  pre-emptors  subject  to  entry  at  once ._ -  - . . 

Party  contesting  pre-emption  entry  to  be  allowed  thirty  days  after  notice  of  cancellation 

to  make  entry 

Publication  of  notice  of  contest  in  pre-emption  cases 

Extension  of  time  in  certain  cases  to  persons  in  military  and  naval  service 

Death  before  consummating  claim ;  who  to  complete,  &c 

Entries  of  insane  persons  confirmed  in  certain  ca  ses ._ 

Non-compliance  with  laws  caused  by  vacancy  in  office  of  register  or  receiver  not  to 

affect,  &c ". 

No  ])re-em])tion  of  lands  sold  but  not  confirmed  by  General  Land  Office 

Purchase  by  private  entry  after  expiration  of  i)ro-omption  right 

When  more  th.-iu  one  settler;  rightsof  appeal  to  Commissioner  and  Secretary  of  the  Interior 

Settb^raenls  of  two  or  more  persons  on  same  subdivision  before  survey 

Settlements  before  survey  on  sections  IG  or  30  ;  deficiencies  thereof 

Selections  to  supply  deficiencies  of  school  lands 

Military  bounty-land  warrants  rciioivable  lor  pre-emption  payments , 

Agricuitural-C( illngii  acri])  receivable  in  payment  of  pre-emptions 

Pre-emptions  limit  i<l  along  railroad  lines 

Pre-emption  riglifs  im  huids  reserved  for  gi'.ants  found  invalid 

Pre-emption  riglits  on  liiTids  reserved  for  iiiilroads 

Right  of  additional  location  by  pro-em])(,()rs  wil  liin  limits  of  forfeited  railroad  grants 

Confirmation  of  iireomptiou  eiitries  witliin  railmad  limits  made  prior  to  receipt  of  notice 

of  witli<li:i\val  at  local  office 

Lands  within  railroad  firants  re-entered  after  abandonment 

Entries  made  after  expiration  of  landgi'ants • 

Whore  claimant  of  entry  becomes  register  or  receiver -  - . 

Right  of  transfer  of  settlers  under  homestead  and  pre-emption  laws  for  certain  public 

purposes 

Public  sales  of  land  not  to  be  delayed  by  pre-emption  claims 


416 
417 
418 
419 
420 
421 


466 
467 


470 
471 
472 
473 

474 
475 


476 
477 
478 
479 
480 
481 
482 
483 
484 
485 
486 

487 


174 
175 
176 
177 
178 
179 
180 
181 
182 
183 
184 
185 
186 
187 

188 
189 
190 
191 
192 

193 
194 
195 
196 
197 
198 
199 
200 
201 
202 
203 
204 
205 

206 
207 
208 
209 

210 
211 


100 


INDEX. 


PRIVATE  LAND  CLAIMS. 

Patents  to  isstio  for  claims  hcrcf oforo  conflnned 

Prico  of  survf ys ;  how  lixetl 

Certifioatos  of  location  or  scrip  to  Isaac  in  satisfaction  of  conflnned  private  land  claims 

which  cannot  be  located 

Issuance  and  location  of  judicial  scrip  in  lieu  of  confirmed  private  land  claims 

PUBLIC  SALES  AND  PRIVATE  EKTRLES. 

Public  sale  of  lands  in  half  quarter-sections 

Advertisement  of  sales , 

Price  of  lands,  $1.'J5  i>er  acre 

Ko  credit  ou  sales  of  public  lands 

Landsiaised  to  $:.'. 50  per  acre  prior  to  January,  18C1,  reduced  to  $1.25  per  acre 

Public  lands  may  be  offered  for  sale  in  such  proportions  as  the  President  cjiooses 

Dur.ition  of  sale's 

Scveial  certificates  issued  to  two  or  more  purchasers  of  same  section 

Private  sales  ;  in  what  bodies 

Private  sales;  proceedings  in , 

Highest  bidder ;  when  preferred  in  private  sales 

Minimum  price;  how  fixed  when  reservations  are  sold 

Lands  in  California  subject  to  private  entry  and  withdrawn ;  how  to  bo  opened  to  entry. 

"What  coins  receivable  in  payment  for  public  lands 

Mistakes  in  entry  of  lands :  provisions  for 

Mistakes  in  patents  for  lands 

Mistakes  in  location  of  warrants 

Error  in  entry  by  mistake  of  numbers ;  proceedings  upon 

Agreements  and  acts  intended  to  prevent  bids ;  penalty 

Agreements  to  pay  premium  to  purchasers  at  public  sales 

Recovery  of  premiums  paid  to  jmrchasers  at  public  sales 

Discovery  of  agieemeuts  to  pay  premium  by  bill  in  equity. 

Limitation  of  entries  by  agricultural-college  scrip 

Sale  of  saline  lands  . . . .' 

REPAYMENT  OF  PURCHASE  MONET. 

Purchase  money  refunded  where  sale  cannot  be  confirmed 

Kefimding  in  certain  cases,  how  done 

Repayments  on  void  soldiers'  additional  homestead  locations 

Purchase  money,  fees,  and  commissions  on  erroneous  entries,  or  where  sales  cannot  be  con- 
firmed   

Regulations  for  repayments.    "Warrants  on  Treasury  for  same 

RESERVATIONS. 

Reservations  in  Morida,  how  sold 

Sale  of  military  sites  under  general  laws  prohibited ;  proviso  as  to  Florida 

Minimum  price,  how  fixed,  when  reservations  are  sold 

Reseivations,  how  surveyed 

Sale  of  buildings  beloncfing  to  United  States 

Sale  of  lands  with  buildings 

SECRETARY  OF  THE  INTERIOR. 

Supervisory  authority  of  Secretary 

Power  to  grant  military  bounty -land  warrants 

Exemplitication  of  i)apers 

Authority  to  take  bonds  of  surveyors-general 

Shall  require  public  land  surveys  to  be  completed 

Power  to  discontinue  land  offices 

Power  to  make  allowances  for  office  rent  and  clerk  hire 

Repayment  of  purchase  money,  &c 

Remedial  authority  under  treat^  of  1854 

Correction  of  erroneous  land  entrrios 

Appraisement  and  sale  of  town-site  reservations 

Authority  to  survey  and  plat  a  city  or  town 

Authority  to  vary  sulxlivisional  surveys  in  Nevada 

Geodetic  sur\-eys  in  Oregon  and  California 

Departure  from  rectangular  surveys  in  California 

May  pay  surveyors  by  the  day  in  Oregon  and  California 

Location  of  land  warrants  free  of  expense 

May  authorize  issue  of  patents  on  lost  land  warrants - 

May  issue  new  land  warrants  in  lieu  of  those  lost 

May  issue  patents  to  the  heirs  of  waixantees 

Board  of  equitable  adjudication 

Shall  have  control  of  Yellowstone  Park ; 

Duties  relative  to  swamp  lands 

Shall  approve  accounts  of  indemnity  for  swamp  lands 

To  give  notice  of  completion  of  surveys  in  Minnesota  and  Oregon 

Required  to  sign  requisitions  on  Treasury  for  moneys 

To  prescribe  the  duties  of  Assistant  Secretary 


462 
463 


404 
405 


150 
151 
152 
153 
154 
155 
156 
157 
158 
159 
160 
161 
162 
163 
164 
165 
160 
167 
168 
169 
170 
171 
172 
173 


429 
430 
431 

432 
433 


434 
435 
436 
437 
438 
439 


3 

4 

5 

6 

7 

8 

0 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 


INDEX. 


191 


SECRETAUT  OF  THE  INTEEIOEr-Continnod. 

To  designate  and  set  apart  agricultural  from  mineral  lands 

Shall  prescribe  regulations  for  subdivision  of  fractional  sections 

Designation  of  newspapers  for  publication  of  proclamations  of  sales  of  lands 

SPECIAIi  AGEITTS. 

Surveyor-general  may  appoint  agents  to  examine  surveys  in  the  field 

Officers,  &c.,  detailed  to  investigate  frauds  may  administer  oaths 

SURVEYS  AlTD  SURVEYORS. 

Surveyors-general,  how  and  where  appointed 

Salary  of,  in  Louisiana,  Florida,  Minnesota,  Nebraska,  Iowa,  and  Dakota 

Salary  of,  in  Oregon  and  Washington  Territory 

Salary  of,  in  Colorado,  New  Mexico,  California,  Idaho,  Nevada,  Montana,  Utah,  Wyoming, 
and  Arizona 

Salaries  of,  in  Plorida,  Oregon,  and  California,  how  and  from  what  time  payable 

Offices,  number  and  location  of 

Residence  of  surveyor-general 

Bond  of  surveyor-general 

Duration  of  office 

Continuance  of  duties  and  bond  after  expiration  of  commission 

Transfer  of  papers  and  discontinuance  of  office  in  case  of  completed  surveys. 

Devolution  of  powers  of  surveyors-general  upon  Commissioner  in  case  of  discontinuance  of 
office 

Free  access  to  public  records  delivered  to  States,  and  conditions  of  such  delivery 

General  duties  of  surveyors-general 

Bond  of  deputy  surveyor 

Oath  of  deputy  surveyor 

Suit  on  bond  of  deputy  surveyor,  a  lien  on  his  property 

Penalty  for  default  of  deputy  surveyor 

Transcripts  from  records  and  seals  of  surveyors-general  of  California,  Oregon,  and  Lou- 
isiana  

Custody  of  official  papers,  &c.,  by  surveyor-general  of  California 

Allowance  for  clerk  hire,  office  rent,  &c.,  to  surveyor-general 

Duties  of  register  and  receiver  performed  by  surveyor-general,  when 

Rules  of  survey ." 

Boundaries  and  contents  of  public  lands,  how  ascertained 

Lines  of  division  of  half  quarter-sections,  how  run 

Variance  in  shape  of  surveys  on  rivers,  &c 

Variance  from  rectangular  subdivisions  in  Nevada 

Geodetic  method  of  8ur\ey  in  Oregon  and  California 

Departure  from  rectangular  surveys  in  California 

Extension  of  public  surveys  over  mineral  lands 

What  instructions  to  bo  deemed  part  of  contract ■ 

Subdivision  of  placer  claims 

Deputies  to  survey  mining  claims  and  power  of  Commissioner  to  fix  prices 

Surveyor-general  ito  make  plat  and  field  notes  of  mining  surveys,  and  to  give  certificate 
of  improvements,  &c  

Contracts  for  surveys  of  public  lands,  when  binding 

Price  of  surveys,  how  established.  Cost  of  surveying  private  land  claims  and  railroad 
grants  to  be  refunded 

Augmented  rates  for  surveys  in  Oregou,  California,  and  Washington  Territory , 

Pay  by  the  day  for  surveys  in  Oregon  and  California 

When  survey  may  be  had  by  settlers  in  a  township 

Deposit  for  expenses  of  surveys  deemed  an  appropriation,  &c 

Settler's  deposits  for  surveys  to  go  in  part  payment  for  lands,  and  are  assignable 

Surveyors-general  to  survey  private  land  claims  when  confirmed,  &c 

Surveyors-general  in  New  Mexico,  &c.,  to  report  to  Congress  on  private  land  claims 

Penalty  for  interrupting  surveys    

Protection  of  surveyor  by  marshal  of  district 

Surveyors  to  explore  and' select  timber  lands  to  reserve  for  use  of  the  Navy , 

Director  of  geological  survey,  duties  of,  &c , 

TIMBER  AND  TIMBER  CULTURE. 

Timber  on  mineral  lands  may  bo  taken  for  certain  purposes.  Permission  to  take,  not  ex- 
tended to  railroad  companies 

Duty  of  register  and  receiver  to  report  unauthorized  taking 

Penalty  for  unaHthori/',(ul  talcing 

Timber  and  stone  lands  in  California,  Oregon,  &c.,  to  be  sold 

Application  for  pttichase.     False  swearing 

Publication  (if  :ii)plic:iti(m.    Facts  to  bo  proved.    Objections  to  patent 

Cutting  tiiiil)i'r  iiiilaw fully ;  penalty 

Certain  i)roscrii tions,  relief  from 

Repeals 

Live-oak  and  red-cedar  lands 

Selection  of  live-oak  and  red-cedar  tracts 

Protection  of  live-oak  and  red-cedar  timber 

Cuttijig  or  destruction  of  live-oak  or  red-cedar;  penalty , 


148 
149 


77 
78 
79 

80 
81 
82 
83 
84 
85 
86 
87 

88 
89 
90 
91 
92 
93 
94 

95 
96 
97 
98 
99 
100 
101 
102 
103 
104 
105 
106 
107 
108 
109 

110 
111 

112 
113 
114 
115 

lie 

117 
118 
119 
120 
121 
122 
123 


256 
257 
258 
259 
200 
261 
262 
263 
264 
205 
266 
267 
268 


102 


INDEX. 


TIMBER  AUD  TLUBEK  CULTUKE— Continued. 

Vessels  employed  in  carryinjr  away  live-oak  and  rod-cedar,  forfeiture  of 

Clearance  of  vessels  laden  with  live  oak,  prosecutiou  of  depredators 

Seci-etiiry  of  Xavy  to  ascertain  what  reserved  lands  not  rcijuired  for  naval  purposes 

Lauds  mit  required,  to  Vie  certilied  to  Secretary  of  Interior  and  thereafter  to  be  subject  to 
entry  and  sale.    Preference  riLrht  of  yiurchase  for  certain  parties 

Cutting  or  in^juring  trees  on  lands  of  United  States  reserved  or  purchased  for  public  uses ; 
piinislujient 

Authority  to  condone  trespasses  committed  prior  to  March  1, 1879 

Timber-cuiture  entries.  Patents  to  issue  for  lands  cultivated  in  timber  at  expiration  of 
eight  years.    Ouly  one-ciuarter  of  a  section  to  be  entered,  and  but  one  entry  allowed 

Oatii  on  application  for  entry 

JCumber  of  acres  to  bo  broken  and  planted  annually.  Time  extended  in  case  of  destruc- 
tion bv  gru.ssUoppers  or  drought 

Pi-oofot' cultivation,  linal  ccrtilicatc,  and  patent 

Eight  to  be  forfeited  on  failure  to  comply  with  the  law 

Land  not  liable  for  prior  debts 

Commissioner  to  make  regulations.    Fees  of  registers  and  receivers 

False  oath  constitutes  perjury 

Entries  under  foiiner  laws,  how  perfected 

Publication  of  notice  of  contest 

Lands  relinquished  by  timber-culture  claimants  subject  to  re-entry  at  once 

Contestants  of  timber-culture  entries  allowed  thu'ty  days  after  notice  of  cancellation  to 
make  entry 


TOW:^  SITES  AND  COUNTY  SEATS. 


Town  sites  to  bo  reserved 

Keservations  to  bo  surveyed  into  lots 

Town  or  city  sites  on  public  lands 

"When  towns  established  upon  unsurveyed  lands,  extension  limits,  how  adjusted 

"UTien  transcript  maps  of  town  are  not  iiled  in  twelve  months,  proceedings  by  Secretary 
of  Interior  

TThere  sixe  of  lots  or  town  plat  vary  from  general  rule 

Title  to  lots  subject  to  mineral  rights 

Entry  of  town  authorities  in  trust  for  occupants 

Entry  under  preceding  section,  when  to  be  made 

Entry  in  proportion  to  number  of  inhabitants 

Authorities  of  Salt  Lake  City  ;  rights  of,  as  to  entry 

Additional  entry  allowed  where  town  has  entered  less  than  maximum 

Kot  more  than  2,560  acres  to  be  reserved  for  town  site 

Certain  entries  within  town  sites  coniirnied 

Where  town  site  exceeds  maximum,  authorities  to  select  lands  to  be  retained,  or  Commis- 
sioner may  take  testimony  and  restrict  limits.  Copies  of  acts  incorporating  towns,  how 
furnished 

Certain  acts  of  trustees  to  be  void 

Pre-emptions  by  counties  for  seats  of  justice , 

If o  title  acquired  to  gold  mines,  &c.,  or  to  mining  claim,  &.C •. 

Military  or  other  reservations,  &c , 

Inhabitants  of  towns  on  public  lands ;  right  of,  to  enter 


WATER  EIGHTS. 

Tested  rights  to  use  of  water  for  mining,  &c. ;  right  of  way  for  canals 

Patents,  pre-emptions,  and  homesteads  subject  to  vested  and  accrued  water-rights. 

Conditions  for  use  of  water  on  public  lands  for  reclamation 

Navigable  rivers  within  public  lands  to  be  public  highways 


269 

100 

270 

100 

271 

101 

272 

101 

273 

101 

274 

101 

275 

102 

270 

103 

277 

103 

278 

104 

279 

104 

280 

105 

281 

105 

282 

105 

283 

105 

284 

105 

285 

105 

IOC 


287 

107 

288 

107 

289 

107 

290 

108 

291 

108 

292 

109 

293 

109 

294 

109 

295 

110 

296 

110 

297 

110 

298 

111 

299 

111 

300 

111 

301 

111 

302 

112 

303 

112 

304 

112 

305 

112 

306 

113 

422 

159 

423 

160 

424 

160 

425 

100 

SUPPLEMENT. 


13  L,  O  193 


JOINT  RESOLUTION  for  the  printing  of  additional  copies  of  House  Executive  Document  Niimber 
Forty-seven  and  subsequent  land  laws. 

Eesolved  ly  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  eiglit  thousand  five  hundred  additional  copies  of  the  codified 
land  laws  and  history  of  the  public  domain  of  the  United  States,  compiled  and  pre- 
pared by  the  Public  Land  Commission,  embraced  in  House  Executive  Document  Num- 
ber Forty-seven,  with  all  subsequent  laws  which  may  have  been  passed  by  Congress 
prior  to  the  adjournment  of  the  present  session,  bo  printed  and  bound,  under  the 
direction  of  the  Secretary  of  the  Interior  two  thousand  copies  for  the  use  of  the  Senate, 
five  thousand  for  the  use  of  the  House  of  Representatives,  and  fifteen  hundred  for 
the  use  of  the  Secretary  of  the  Interior.  Provided  that  the  copies  for  the  use  of  the 
Senate  and  the  House  of  Representatives  shall  be  distributed  by  the  Secretary  of  the 
Interior  in  the  manner  provided  for  the  distribution  of  the  Reports  of  the  tenth 
Census  and  that  all  copies  not  ordered  to  be  distributed  within  two  years  after  the 
passage  of  this  act  shall  be  sold  by  the  Secretary  of  the  Interior  at  cost  of  publica 
tion  -with  ten  per  centum  added  thereto. 

22  Stat.  393,  Aug.  7, 1882.— 20  ib.  394.— 21  ib.  2i5. 
194 


CONTENTS. 


Chapter. 


xxn 

XXIII 
XXIV 
XXV 
XXVI 
XXVII 

xxvnr 

XXIX 


Donations 

General  Grants  to  States  and  Territories 

Homesteads 

Land  Districts  and  Officers 

Mineral  Lands 

Miscellaneous  Provisions 

Secretary  of  the  Interior 

Surveys  and  Surveyors 


Section. 


488 
489 
490 
491-493 
494, 495 
496 
497 
498 


Page. 


199 
200 
201 
202-204 
205 
206 
207 
208 


I 


195 


F^IIEF^OE. 


In  compliance  with  the  foregoing  Joint  Eesolution  of  Congress,  this 
Supplement,  embracing  the  land  laws  of  a  general  and  permanent 
character,  x)assed  at  the  third  session  of  the  Forty-sixth,  and  the  first 
session  of  the  Forty-seventh  Congress,  prepared  under  the  direction  of 
the  Commissioner  of  the  General  Land  Office,  is  added  to  the  contents 
of  the  volume  containing  the  jirevious  laws  of  that  character,  prepared 
for  publication  by  the  codification  committee  of  the  late  Public  Land 
Commission,  bringing  the  compilation  down  to  the  8th  of  August,  1882, 
the  day  of  adjournment  of  said  last-mentioned  session. 

The  pages  of  the  original  volume  having  been  stereotyped,  the  re- 
quired addition  is  necessarily  made  as  a  supplement,  instead  of  in  the 
form  more  convenient  for  use  of  adding  to  each  chapter  the  laws  appro- 
priate to  it. 

The  plan  of  the  original  work,  as  to  the  division  of  subjects,  form  in 
which  the  laws  are  produced,  &c.,  is  substantially  followed.  The 
paging  and  the  numbering  of  chapters  are  continued  consecutively 
through  the  Supplement,  to  which  a  full  index  of  the  matter  embraced 
therein  is  added. 

For  convenience  and  economy  of  binding,  the  "Digest  of  late  Decis- 
ions," prepared  in  continuation  of  the  "imitation  of  Decisions"  published 
by  the  Land  Commission  in  the  second  volume  of  Laws,  "Local  and 
Temporary,"  is  included  in  this  volume. 

December,  1882. 

'  197 


CHAPTER    TWENTY-TWO. 
DONATIONS. 

[Original  Vol.,  Chap.  XV,  p.  161.] 

Sec. 

488.  Fees  of  registers  and  receivers,  in  addition  to  salary,  in  donation  cases. 

Sec.  488.   The  sixth  paragraph   of  section  twenty-two  ^^^^^^  2238  a- 
hundred  and  thirty-eight  of  the  Revised  Statutes  of  the™*^° 
United  States  is  repealed,  and  in  lieu  thereof  the  following 
paragraph  substituted : 

"A  fee  in  donation  cases  of  two  dollars  and  fifty  cents    i^eea  for  land 
for  each  final  certificate  for  one  hundred  and  sixty  acres  of  ^^'^    ''°'^^' 
land,  five  dollars  for  three  hundred  and  twenty  acres,  and 
seven  dollars  and  fifty  cents  for  six  hundred  and  forty 
acres." 

21  Stat.  311,  Dec.  17,  1880.— R.  S.  2238,  %.  6. 
12  Stat.  409,  sec.  6. 

199 


CHAPTER    TWENTY-THREE. 

GENERAL  GRANTS  TO  STATES  AND  TERRITORIES. 

[Original  Vol.,  Chap.  XU,  pp.  129-141.] 

Sec. 

489.  Grants  to  Dakota,  Montana,  Arizona,  Idaho,  and  Wyoming,  for  university  pur- 
poses. 

tob^l'fcfu-'r^^     ^^^'  ^^^'  "^^^^^  ^^^  granted  to  the  Territories  of  Dakota, 
dCT'dircctiou'^f  Montana,  Arizona,    Idaho,    and    Wyoming    respectively, 
Secretary  of  In-  geventy-two  entire  sections  of  the  unappropriated  public 
lands  within  each  of  said  Territories,  to  be  immediately 
selected  and  withdrawn  from  sale  and  located  under  the 
direction  of  the  Secretary  of  the  Interior,  and  with  the 
approval  of  the  President  of  the  United  States,  for  the  use 
and  support  of  a  university  in  each  of  said  Territories  when 
mnction^  af  "^not  *^®^'  ®^^^^  ^®  admitted  as  states  into  the  Union :  Provided, 
leas    tiiau    ap-  That  uoue  of  said  lands  shall  be  sold  except  at  j)ublic  auc- 
praised  vaine.     Hqj^^  and  after  appraisement  by  a  board  of  commissioners, 
to  be  appointed  by  the  Secretary  of  the  Interior :  Provided 
further,  That  none  of  said  lands  shall  be  sold  at  less  than 
the  appraised  value,  and  in  no  case  at  less  than  two  dollars 
and  fifty  cents  per  acre  :  Provided,  That  the  funds  derived 
from  the  sale  of  said  lands  shall  be  invested  in  the  bonds 
of  the  United  States  and  deposited  with  the  Treasurer  of 
the  United  States ;  that  no  more  than  one-tenth  of  said 
FnndBtobe in- lands  Shall  be  offered  for  sale  in  any  one  year;  that  the 
of  u!  s.r&c!"''''^  money  derived  from  the  sale  of  said  lands,  invested  and 
deposited  as  hereinbefore  set  forth,  shall  constitute  a  uni- 
versity fund ;  that  no  part  of  said  fund  shall  be  expended 
for  university  buildings,  or  the  salary  of  professors  or 
teachers,  until  the  same  shall  amount  to  fifty  thousand 
dollars,  and  then  only  shall  the  interest  on  said  fund  be 
used  for  either  of  the  foregoing  purposes  until  the  said 
fund  shall  amount  to  one  hundred  thousand  dollars,  when 
any  excess,  and  the  interest  thereof,  may  be  used  for  the 
proper  establishment  and  support  respectively  of  said  uni- 
versities. 

21  Stat.  326,  Feb.  18,  1881. 
200 


CHAPTER    TWENTY-FOUR. 

HOMESTEADS. 

[Original  Vol.,  Chap.  VIH,  pp.  80-94.] 

Sec. 

490.  Additional  time  to  commence  residence  may  be  allowed  by  Commissioner  of 

General  Land  Office. 

Sec.  490.    Section  numbered  twenty-two  hundred  and    Ee^  stat.  2297, 
ninety-seven,  of  title  numbered  tliirty-two  of  the  Revised  *™^° 
Statutes,  is  amended  by  adding  thereto  the  following  pro- 
viso, namely :  Provided,  That  where  there  may  be  climatic 
reasons  the  Commissioner  of  the  General  Land  OfBce  may, 
in  his  discretion,  allow  the  settler  twelve  months  from  the    Time  that  may 
date  of  filing  in  which  to  commence  his  residence  on  said  tiOT.*^^"^^*^  ^^*" 
land  under  such  rules  and  regulations  as  he  may  prescribe. 

21  Stat.  511,  Mar.  3,  1881.— ^nte  Sec.  223. 

201 


CHAPTER    TWENTY-FIVE 


LAND  DISTRICTS  AND  OFFICERS. 


[Original  Vol.,  Chap.  IV,  pp.  29-CO.l 


Sec. 

491.  (1.)  Additionalland  district  created 

in  Kansas. 
(2.)  President  to  appoint  register 

and  receiver  under  existing 

laws. 
(3.)  Sales  at  oflSces  of  other  districts 

confirmed. 

492.  (1,  2.)  Two    new    land  districts 

formed  in  Dakota. 

(3.)  Limits  of  Watertown  district 

in  Dakota  prescribed. 


Sec. 
493. 


(1.)  Minnekadusa  laud  district  iE> 
Nebraska  formed.  Location 
of  office  to  be  designated  by 
President. 

(2. )  Hitchcock  land  district  formed. 
Location  of  office  to  be  di- 
rected by  President. 

(3. )  Registers  and  receivers  for  same 
to  be  appointed  by  President, 
with  advice  and  consent  of 
Senate. 


KANSAS. 


Tenitoiy   de-     Qec.  491.  (1.)  The  following  described  territory  in  the  State 
tuto^the°Botfth- of  Kansas,  to  wit:  Commenciug  at  tlie  southeast  corner  of 
-B-eatem  diatrict.  to^jjgjjip  thirty-five,  south  range  thirty-one  west  of  the 
sixth  principal  meridian  on  the  south  boundary  of  the  State 
of  Kansas ;  thence  west  on  said  southern  boundary  to  the 
western  boundarj^  of  said  State ;  thence  north  on  said  west- 
ern boundary  to  the  fourth  standard  parallel  south  ;  thence 
east  along  said  parallel  to  the  northeast  corner  of  township 
twenty-one  south,  range  thirty-one  west,  and  thence  south 
to  the  i)lace  of  beginning,  in  the  State  of  Kansas,  shall  con- 
stitute an  additional  land  district,  to  be  called  the  south- 
western land  district,  the  location  for  the  office  of  which 
Location  of  of- shall  bc  designated  by  the  President  of  the  United  States, 
nate(i°  by  Prem-  ^ud  shall  by  him  from  time  to  time  be  changed,  as  the 
dent.  public  iutcrest  may  seem  to  require. 

President    to     (2.)  The  President  is  authorized,  whenever  the  public  in- 
M§°'eceiTe?^*^'^  terest  shall  require,  to  appoint,  in  accordance  with  existing 
laws  authorizing  appointment  to  office,  a  register  and  a  re- 
ceiver for  the  said  district,  who  shall  each  be  required  to 
reside  at  the  site  of  the  office  for  said  district,  have  the  same 
powers,  responsibilities,  and  emoluments,  and  be  subject  to 
the  same  acts  and  penalties  which  are,  or  may  be,  prescribed 
by  law  in  relation  to  other  land-offices  of  the  United  States. 
Sales  atofiBces     (3.)  All  salcs  aiid  locations  made  at  the  offices  of  the  dis- 
confimed!^^"''^*  tricts  in  which  the  lands  embraced  in  this  district  have 
hitherto  been  included,  situated  wholly  within  the  limits  of 
this  district,  which  shall  be  valid  and  right  in  other  respects 
up  to  the  day  on  which  the  new  office  shall  go  into  opera- 
tion, are  confirmed. 

21  Stat.  508,  Mar.  3,  1881.— Ante,  chap.  4,  p.  46. 


202 


203 


DAKOTA. 


Sec.  492.  (1.)  All  that  part  of  the  Territory  of  Dakota^  Tenitory  con- 
bounded  as  follows,  to  wit:  Commencing  at  the  southeast diatrict.  °^  "^'^ 
corner  of  township  one  hundred  and  nine  north,  range  fifty- 
nine  west  of  the  fifth  principal  meridian ;  thence  west  along 
the  second  standard  parallel  north  to  the  Missouri  River; 
thence  up  and  along  the  east  bank  of  said  river  to  a  point 
where  the  fifth  standard  parallel  north  intersects  said  river; 
thence  east  along  said  standard  parallel  north  to  the  north- 
west corner  of  township  one  hundred  and  twenty  north, 
range  fifty-nine  west;  thence  south  to  the  southwest  corner 
of  township  one  hundred  and  thirteen  north,  range  fifty -nine 
west;  thence  east  to  the  southeast  corner  of  said  township; 
thence  south  to  the  place  of  beginning,  is  constituted  a  new 
land  district,  the  office  of  which  shall  be  located  at  such    Location  of  of- 
place  as  shall  be  designated  by  the  President  of  the  United  natel"  by  Presf- 
States.  -i^^t- 

(2.)  All  that  part  of  the  Territory  of  Dakota  bounded  as    New  districii 
follows,  to  wit:   Commencing  at  the  northwest  corner  of '^*'^''"*'®*^- 
township  one  hundred  and  twenty  north,  range  filty-nine 
west  of  the  fifth  principal  meridian ;  thence  west  along  the 
fifth  standard  parallel  north  to  the  Missouri  Eiver;  thence 
up  and  along  the  east  bank  of  said  river  to  the  south  line 
of  township  one  hundred  and  thirty  north;   thence  east 
along  said  line  to  the  northeast  corner  of  township  one  hun- 
dred and  twenty-nine  north,  range  fifty-nine  west;  thence 
south  to  the  southeast  corner  of  township  one  hundred  and 
twenty-nine  north,  range  fifty-nine  west ;  thence  east  along 
the  seventh  standard  parallel  north  to  the  northwest  corner 
of  township  one  hundred  and  twenty-eight  north,  range 
fifty-nine  west ;  thence  south  to  the  place  of  beginning,  is 
constituted  a  new  land  district,  the  office  of  which  shall  be    office  to  bo  ic^ 
located  at  such  place  as  shall  be  designated  by  the  Presi- tfon*!)!^ thepTet 
dent  of  the  United  States.  ideut. 

(3.)  All  that  part  of  the  Territory  of  Dakota  bounded  as    Territory    de- 

n   ^\  j_  •,        ry  •  j.  •     j.        i  xi  i  scnbcd  tocoiistl- 

lollows,  to  Wit:  Commencing  at  a  point  where  tlie  second tute  the  Water- 
standard  parallel  north  of  the  fifth  principal  meridian  inter-  ^^^  ^'^'^  '^'^■ 
sects  the  eastern  boundary  of  said  Territory ;  thence  west 
along  said  parallel  to  the  southeast  corner  of  township  one 
hundred  and  nine  north,  range  fifty-nine  west ;  thence  north 
to  the  northeast  corner  of  township  one  hundred  and  twelve 
north,  range  fifty-nine  west;  thence  west  along  the  third 
standard  parallel  north  to  the  eighth  guide-meridian;  thence 
north  along  said  guide-meridian  to  the  northwest  corner  of 
township  one  hundred  and  twenty-eight  north,  range  fifty- 
nine  west;  thence  west  along  the  seventh  standard  parallel 
north  to  the  southeast  corner  of  township  one  hundred  and 
twenty-nine  north,  range  fifty-niue  west;  thence  north  to 
the  southeast  corner  of  townshixJ  one  hundred  and  thirty 
north,  range  fifty- nine  west;  thence  east  to  the  eastern 
boundary-line  of  the  Territory  of  Dakota;  thence  southerly 
on  said  boundary-line  to  the  place  of  beginning,  shall  con- 
stitute the  limits  of  the  Watertown  land  district. 

22  Stat.  33,  Mar.  23,  1882.— Jn<e,  chap.  4,  p.  ^A. 


204 

NEBRASKA. 

TirrikTv  to  Sec.  493.  (1.)  All  that  portion  of  the  State  of  Ifebraska 
kjXiMiand'ISs- ^^^""^^^^^  ^^^^  described  as  follows:  Begiiminj]:  where  the 
trict,     '  second  jiuide-meridiaii  west  intersects  the  northern  bound- 

ary of  the  State  of  Nebraska;  thence  south  along  said 
guide-nioridian  to  tlie  southeast  corner  of  township  twenty- 
six  north,  range  seventeen  west;  thence  west  to  the  south- 
east corner  of  township  twenty-six  north,  range  twenty-one 
west;  thence  south  to  the  southeast  corner  of  township 
twenty-five  north,  range  twenty-one  west;  thence  west  to 
the  western  boundary  of  the  State;  thence  north  to  the 
north  line  of  the  State;  thence  east  along  said  line  to  the 
place  of  beginning,  is  constituted  a  new  land-district,  to  be 
called  the  Minnekadusa  land-district,  the  land-office  for 
Location  of  of-  ^iiich  shall  be  located  at  such  place  as  the  President  may 

fice  to  be  directed  ,.         ,  '■ 

by  President.        direct. 

Hitchcociiiand     (2.)  All  that  portiou  of  the  State  of  Nebraska  bounded 

district.  ^nd  described  as  follows:  Beginning  on  the  south  boundary 

of  the  State  of  Nebraska,  on  the  range-line  between  ranges 

twenty-five  and  twenty-six  west;  thence  north  along  said 

range-line  to  the  second  standard  parallel;  thence  west 

along  said  standard  parallel  to  the  western  boundary  of  the 

State;  thence  south  along  said  boundary  to  the  south  line 

of  the  State;  thence  along  said  south  line  east  to  the  place 

of  beginning,  is  constituted  an  additional  land-district,  to 

President  to di-^^  callcd  the  Hitchcock  land-district,  the  land-office  for 

rect  "location  of  wliich  shall  bc  locatcd  at  such  place  as  the  President  may 

*'^*="-  direct. 

President  to  (3.)  The  President,  by  and  with  the  advice  and  consent  of 
anS^'recefrCT^for  ^^^  Senate,  is  authorized  to  appoint  a  register  and  a  receiver 
each  of  said  two  for  cach  of  Said  laud-districts,  who  shall  discharge  like  and 
districts.  similar  duties  and  receive  the  same  amount  of  compensa- 

tion as  other  officers  discharging  like  duties  in  the  other 
land-offices  of  said  State. 

22  Stat.  106,  June  19,  13S2.— Ante,  chap.  4,  p.  48. 


CHAPTER   TWENTY-SIX. 

MINERAL  LANDS. 

[Original  Vol.,  Chap.  XIII,  pp.  142-158.1 

Sec.  I  Sec. 

494.  Amendiog  Revised  Statutes,  section     495.  Amending  section  2326,  Revised  Stat- 

2326,  as  to  suits  in  mining  claim  utes,  as  to  veriiication  of  adverse 

cases.  I  claims,  &c. 

Sec  494.  If,  in  any  action  brought  pursuant  to  section    ^-  ^  2326  a- 
twenty- three  hundred  and  twenty-six  of  the  Eevised  Stat-    Mining  -  claim 
utes,  title  to  the  ground  in  controversy  shall  not  be  estab-  ^^'*^^- 
lished  by  either  party,  the  jury  shall  so  find,  and  judgment 
shall  be  entered  according  to  the  verdict.    In  such  case 
costs  shall  not  be  allowed  to  either  party,  and  the  claimant    ^"^*^- 
shall  not  proceed  in  the  land-ofiice  or  be  entitled  to  a  patent 
for  the  ground  in  controversy  until  he  shall  have  perfected 
his  title 

21  Stat.  505,  Mar.  3,  1881,  Ante,  sec.  394. 

Sec.  495.  (1.)  The  adverse  claim  required  hy  section    r.  s.  2326  a- 
twenty-three  hundred  and  twenty-six  of  the  Revised  Stat-  ""verification  of 
utes  may  be  verified  by  the  oath  of  any  duly- authorized  adverse  claims, 
agent  or  attorney-in-fact  of  the  adverse  claimant  cognizant 
of  the  facts  stated ;  and  the  adverse  claimant,  if  residing  or 
at  the  time  being  beyond  the  limits  of  the  district  wherein 
the  claim  is  situated,  may  make  oath  to  the  adverse  claim 
before  the  clerk  of  any  court  of  record  of  the  United  States 
or  of  the  State  or  Territory  where  the  adverse  claimant  may 
then  be,  or  before  any  notary  public  of  such  State  or  Terri- 
tory. 

(2.)  Applicants  for  mineral  patents,  if  residing  beyond    oath  by  appu- 
the  limits  of  the  district  wherein  the  claim  is  situated,  may  cant  for  patent. 
make  any  oath  or  affidavit  required  for  proof  of  citizenship 
before  the  clerk  of  any  court  of  record  or  before  any  notary 
public  of  any  State  or  Territory. 

22  Stat.  49,  April  26,  1882,  Ante,  sees.  394, 403. 

205 


CHAPTER  TWENTY-SEVEN. 

MISCELLANEOUS  PROVISIONS. 

[Original  Vol.,  Chap.  XXI,  pp.  177-18.3.] 

6eo. 

496.  Settlers  on  restored  railroad  lands  permitted  to  purchase. 

Settlers  on  rail-     g^c  4QQ^  jf^\\  persoDS  who  sliall  have  settled  and  made 

road  land  restor-        •.       ,  ■.  ■•  ,    •  ,  t  ■■ 

ed  to  public  do-  valnable  and  permanent  improvements  upon  any  odd  num- 
Th^e  °"'"^  ^^^  bered  section  of  land  within  any  railroad  withdrawal  in 
good  faith  and  with  the  permission  or  license  of  the  rail- 
road comjiaiiy  for  whose  benefit  the  same  shall  have  been 
made,  and  with  the  expectation  of  purchasing  of  such  com- 
pany the  land  so  settled  upon,  which  land  so  settled  upon 
and  improved,  may,  for  any  cause,  be  restored  to  the  public 
domain,  and  who,  at  the  time  of  such  restoration,  may  not 
be  entitled  to  enter  and  acquire  title  to  such  land  under 
the  pre-emption,  homestead,  or  timber-culture  acts  of  the 
United  States,  shall  be  permitted,  at  any  time  within  three 
months  after  such  restoration,  and  under  such  rules  and 
regulations  as  the  Commissioner  of  the  General  Land  Office 
may  prescribe,  to  purchase  not  to  exceed  one  hundred  and 
Condition.  sixty  acrcs  in  extent  of  the  same  by  legal  sub-divisions,  at 
the  price  of  two  dollars  and  fifty  cents  per  acre,  and  to  re- 
ceive patents  therefor. 

21  Stat.  315,  Jan.  13,  1881.  Com.  G.  L.  O.  circular  Jan.  28,  1881. 
E.  S.  2281.  10  Stat.  269.— 16  ib.  279,  sec.  2. 

206 


CHAPTER  TWENTY-EIGHT. 
SECRETAEY  OF  THE  INTERIOE. 

[Original  Vol.,  Chap.  I,  pp.  1-4.] 
Sec. 
497.  Five  thousand  dollars  appropriated  to  enable  the  Secretary  to  negotiate  with 

the  Sioux  Indians.     Any  lands  acquired  from  said  Indians,  only  to  be  disposed 

of  under  the  homestead  laws. 

Seo.  497.  Five  thousand  dollars,  or  so  much  thereof  as    l^^eeSe^t'To 
may  be  necessary,  appropriated  to  enable  the  Secretary  of  be  ^awfied  by 
the  Interior  to  negotiate  with  the  Sioux  Indians  for  such  congress, 
modification  of  existing  treaties  and  agreement  with  said 
Indians  as  may  be  deemed  desirable  by  said  Indians  and 
the  Secretary  of  the  Interior ;  but  any  such  agreement  shall 
not  take  effect  until  ratified  by  Congress :  Provided,  however, 
That  if  any  lauds  shall  be  acquired  from  said  Indians  by  the  edi'^'How^'^ila^- 
United  States,  it  shall  be  on  the  express  condition  that  the  posed  of. 
United  States  shall  only  dispose  of  the  same  to  actual  set- 
tlers under  the  provisions  of  the  homestead  laws. 
22  Stat.  328,  Aug.  7,  1882. 

ao7 


CHAPTER  TWENTY-NINE. 

SURVEYS  AND  SURVEYORS. 

[Origiuul  Vol.,  Chap,  in,  pp.  15-28.] 

Seo. 

498.  Certificates  of  deposit  lor  surveys,  ouly  receivable  for  lauds  at  the  land  office  of 
the  district  in  which  the  lands  are  subject  to  entry. 

tifl^at^l'^oV de'os-  ^^^'  '^^^'  ^^  certificate  issued  for  a  deposit  of  money  for 
itiiiuu^.  ^^"^  the  survey  of  lands  under  section  twenty-four  hundred 
and  three  of  the  Kevised  Statutes,  and  the  act  approved 
March  third,  eighteen  hundred  and  seventy-nine,  amenda- 
tory thereof,  sliall  be  received  in  payment  for  lands  except 
at  the  land  otiice  in  which  the  lands  surveyed  for  which  the 
deposit  was  made  are  subject  to  entry,  and  not  elsewhere  j 
but  this  section  shall  not  be  held  to  impair,  prejudice,  or 
affect  in  any  manner  certificates  issued  or  deposits  and  con- 
tracts made  under  the  provisions  of  said  act  i)rior  to  the 
passage  of  this  act. 

22  Stat.  327,  Aug.  7,  1882.— R.  S.  2403.— 12  Stat.  409,  sec.  10.-  10  ib. 

581.-19  ib.  38.-20  ib.  352 
208 


INDEX    TO    SUPPI.  EMENT. 


Adverse  mining  claim,  verification  of 

Agent  may  verify  adverse  mining  claim 

Agreement  with  Sioux  Indians,  to  bo  ratified  by  Congress 

Arizona,  university  pant  to 

Attorney,  may  verify  adverse  raining  claim 

Certificates: 

J'inal,  in  donation  cases,  fees  for  . .   

Of  deposit  for  surveys,  when  receivable 

Previously  issued,  not  impaired 

Citizenship,  oath  to  proof  of,  in  mining  cases 

Commissioner  General  Land  Office: 

May  allow  additional  time  to  begin  homestead  residence 

To  make  rules  for  purchase  of  restored  railroad  lands 

Dakota: 

Three  new  land  districts  in 

Location  of  otiices  in,  how  made 

University  grant  to 

Deposits  lor  survey  s,  where  to  be  applied 

Distribution,  of  republished  land  laws,  how  to  be  made 

Donation  cases,  fees  in 

Fees  of  register  and  receiver  in  donation  cases 

Final  certiiicates,  fees  for    

Funds,  from  sale  of  university  lauds  in  Territories : 

How  invested    

How  us^-d  

Grants  to  Tei-ritories    .- .  

History  of  public  domain,  additional  copies  to  be  published 

Hitchcock  land  district,  Nebraska    

Otfice  in,  how  located      

Eegister  and  receiver,  how  appointed ^ 

Homesteads : 

Additional  time  allowed  to  begin  residence 

Lands  acquired  from  Sioux  Indians  only  to  be  disjKJsed  of  as 

Idaho,  university  grant  to  ..         

Joint  resolution  for  publication  of  additional  copies  land  laws 

Kansas : 

Additional  land  district  in  

Office  in,  how  located 

IJpgister  and  receiver,  how  appointed , 

Land  districts  and  officers 

Laud  grants  for  universities  in  Territories , 

Land  to  be  appraised 

Sale  of,  and  i  ate , 

Land  laws,  additional  copies  to  be  published , 

Land  offices  for  new  districts: 

In  Dakota,  how  located 

In  Kansas,  lio w  located    

In  N<biaska,  how  located 

Minei  III  lands  

Mining  claims,  suits  on 

Judgments  in 

Adverse,  liow  verified 

Minnekadiisa  land  district,  Nebraska 

Office  in,  how  located 

liegister  and  receiver,  how  appointed 

WiKcellaneous  provisions 

Montana,  university  grant  to 

Kebraskn  : 

New  land  districts  in 

ilil<hi  ock  district  in 

Miiinckadusa  district  in 

Otiices  in,  how  hxated 

liegister  and  receiver,  how  appointed 49U 

Oath: 

To  udveise mining  claim 

To  proof  of  citizenship  in  mining  cases 

PrcBident : 

To  ajjpoint  register  and  icceiver  for  new  district  in  Kansas 

To  designate  location  of  office  in  same 

To  designate  local 'on  of  oflices  in  new  districts  in  Dakota 

To  appoint  reuisters  and  receivers  for  new  districts  in  Nebraska 

To  designate  locution  of  offices  in  same 

Purchase  of  lestored  railroad  lands  by  settlers,  conditions 

Railroad  lands  restored,  purchase  of.. 


Section. 

Page. 

495 

205 

495 

205 

497 

207 

489 

200 

495 

205 

488 

199 

498 

208 

498 

208 

495 

205 

490 

201 

496 

206 

492 

203 

492 

2li3 

489 

iOO 

498 

308 

191 

488 

199 

488 

199 

488 

199 

489 

200 

489 

20(1 

489 

200 

194 

493 

2114 

4'.i:i 

204 

493 

204 

490 

2111 

490 

201 

480 

200 

194 

491 

202 

491 

202 

491 

202 

491 

202 

480 

200 

4r0 

200 

480 

200 

194 

492 

2113 

491 

202 

493 

204 

205 

494 

205 

494 

205 

495 

205 

493 

204 

49;! 

204 

493 

204 

49G 

2U() 

489 

2iO 

49.3 

204 

49.3 

204 

49;) 

204 

493 

204 

493 

204 

495 

205 

495 

205 

491 

202 

491 

202 

492 

2ii3 

493 

20 1 

493 

204 

49(i 

200 

490 

208 

14   L  O 


209 


210 


INDEX    TO    SUPPLEMENT. 

Section.  Vagt^. 


Kfj;i.-.|.>rs  iiuil  receivors,  how  aii])oiiitt>d  lor  now  ilistricU: 

In  K.tuHiis 4ai  'JO^ 

In  Noliniska 40;i  204 

K«'stor»'il  railmad  lands,  settlers  niny  parcbnse 496  206 

KuvisimI  Statutes: 

S«>ctiou  --.»8  nmoQiled 488  199 

StH'l  ion  "J'.W  unieuded 490  201 

Seition  2.t'.'6  nuiendcil 494  205 

Salivs  in  i»'inodeleil  laud  districts  conflnued. 491  202 

Secretary  of  the  Interior: 

Appropriatiou  to.  for  negotiation  with  Sioux  Indiana  497  207 

To  select  university  Kmnt«  in  Territories 4 W  200 

S«-leetion  of  lands  granted  for  universities  in  Territories 489  200 

Settleix  on  restored  railroad  lauds  may  purchase 496  206 

Sioux  Indians : 

A{jr»t>uients  with,  to  be  ratified  by  Congress 497  207 

Negotiation  with,  provided  for 497  207 

Lauds  acquired  from,  how  disposed  of 497  207 

Surveys  and  surveyors 498  208 

Time, "additional,  to  begin  homestead  residence 490  201 

University  grants  to  Territories 489  200 

Lands  of,  how  selected 489  200 

Watertown  land  district,  Dakota 492  203 

OtJice  in,  how  located 492  203 

Wyoming,  university  grant  to 489  200 


DIGEST 


OF 


LA.TE  DECISIOISrS 


RELATING    TO 


QUESTIONS  ARISING  UNDER  THE  LAND  LAWS 


OF   THE 


UNITED    STA.TES, 


IN  CONTINUATION  OP 


THE  "CITATION  OF  JUDICIAL  AND  EXECUTIVE  DECISIONS  CONTAINED 
IN  THE  COMPILATION  OF  LAWS  BY  THE  CODIFICATION  COM- 
MITTEE OF  THE  LATE  PUBLIC  LANDS  COMMISSION." 


Prepared  onder  the  direction  of  the  Commibsionbk  of  the  General  Land  Ori'iCB  porsnant 

to  the  Joint  Eesolution  of  Congress  of  Angnst  7,  1882,  to  accompany  the 

volumes  of  Laws  required  by  said  resolution  to  be  published. 


WASHIKGTOl^r: 

GOVERNMENT   PRINTING   OFFICE. 

1881. 


REFERENCE  TO  DIVISIONS. 


Page. 

Accounts  (M.) 3-24 

Mines,  mining,  &c.  (N.) 24-52 

Pre-emption  (G) ^ 53-72 

Private  land  claims  (D.) 72-87 

Public  lands  (C.) 87-123 

Railroads  (F.) 123-136 

Records  (B.) 136-141 

Surveys  (E.) , 141-142 

Swamp  lands  (K.) 142-144 

Timber  depredations  (P.) 144-149 

(2) 


DIG-EST    Oin    DECISIONS. 


[  The  abbreviations  appearing  in  the  references  to  the  Department  and  General  Land 
Office  decisions  are  "Sec'y.,"  for  Secretary  of  the  Interior ;  "Com'r.,"  Commissioner  of 
the  General  Land  Office;  "G.  L.  O.,"  General  Land  Office;  "R.  &  R.,"  Register  and 
Receiver;  "R.  P.  M.,"  Receiver  of  Public  Moneys;  "  C.  L.  O.,"  Copp'sLand  Owner; 
"C.  M.  L.,"  Copp's  Mining  Laws;  "  C.  L.  L.,"  Copp's  Land  Laws  ;  "Rep'r,"  the  Re- 
porter; "  W.  L.  Rep'r,"  Washington  Law  Reporter. 

The  capital  letters  in  parentheses  indicate  the  respective  divisions  of  the  General 
Laud  Office  in  which  the  cases  were  examined  and  where  the  decisions  may  be  found. 
The  same  designations  of  subjects  decided  appear  alike  in  several  divisions — as 
"Entry,"  "Location,"  "Patent,"  "  Survey,"  and  many  others.  The  proceedings,  how- 
ever, in  the  respective  divisions  are  variant,  and  directed  to  diflferent  objects.  To 
•bviate  confusion  and  facilitate  reference,  therefore,  the  decisions  upon  matters  origi- 
nating in  and  pertinent  to  each  division  are  embodied,  mainly,  under  the  designation 
of  the  same;  the  several  subjects  being  indicated  by  sub-heads  with  reference  thereto 
under  general  heads.  ] 

ABANDONMENT. 

See  Mines,  <fc.,  No.  1,  et  seq. ;  (relocation)  No.  204  ;  (survey)  No.  218. 
Pre-emption,  No.  1,  et  seq. ;  (contract)  No.  25. 
Private  land  claims  (Oregon  donations),  Nos.  54,  67,  69. 
Public  lands  (homestead  entries).  No.  206;  (relinquishment)  No.  314, 
Bailroads,  No.  1. 
Water  rights,  No.  2. 

ABSENCE. 
See  Pre-emption,  No.  5. 

ACCEPTANCE. 
See  Private  land  claims.  No.  1 . 

ACCOUNTS.— DIVISION  M. 

Certificates  of  deposit  : 

1.  Issued  ou  account  of  surveys,  not  receivable  in  payment  for 

coal,  desert,  Indian,  mineral,  or  timber  lands. 
Com'r.  (M.)  to  E.  P.  M.,  Eedwood  Falls,  Minn.,  April  12,  1882. 
Sec'y.  Eobt.  Sproul,  G.  L.  O.    Eeport,  1877,  p.  143. 

2.  Limited  to  use  in  land  district  in  which  the  land  is  located  for 

the  survey  of  which  the  deposit  was  made. 
Com'r.  (M.)     Circular,  Aug.  10,  1882. 

3.  Issued  for  additional  deposits  under  contracts  prior  to  act  of 

Auj?.  7,  1882,  not  affected  bv  restrictions  of  said  act. 
Com'r.  (M.)     Circular,  Sept.  21,  1882. 

4.  Issued  for  survey  of  mineral  lands  aot  receivable  in  payment 

for  public  lands. 
Com'r.  (M.)  C.  C.  Clements,  Mar.  31,  1881.     Circulars,  April  1, 
1879 ;  Mar.  5, 1880 ;  Feb.  2G  and  Mar.  IS,  1881.     Sec'y.  Mar. 
31,  1882. 

(3) 


4  DIGEST    OF    DECISIONS. 

Certificates  of  deposits — Continued. 

.").    Ktveivers  dirootoil  not  to  receive  eertain  cortiticates. 
Com'r.  (M.)     Circulars,  April  10  and  Auj;.  7,  1882. 

6.  Receivers  advised  of  the  issue  of  fraudulent  certificates. 
Conrr.  (M.)     Circular,  May  12,  1SS2. 

7.  Directions  for  cancellation  and  transmittal  of  to  G.  L.  O. 
Com'r.  (M.)     Circular,  June  2,  1881. 

Change  of  entry : 

8.  Only  provided  for  where  an  error  in  description  has  been  made 

by  the  entryman,  or  the  records  are  defective  in  not  show- 
ing' correct  descrii)tion. 
Com'r.  (M.)    E.  &  R.,  Gainesville,  Fla.,  Sept.  29,  1882. 

Contingent  expenses : 

0.  Expenditures  in  excess  of  appropriation,  unauthorized  and 
illegal. 
Com'r.  (M.)     Hon.  T.  Ryan,  Jan.  24,  1882. 

Deposits  for  surveying  public  lands: 

10.  Regulations  prescribed  as  to  manner  of  making  deposits,  ex- 

cess repayments,  assignment  of  certificates,  and  R.'s  &  R.'s 
returns. 
Com'r.  (M.)    Circular,  Mar.  5,  1880. 

Fees  and  commissions  : 

11.  Of  registers   and  receivers  in  Alabama,  Arkansas,  Dakota, 

Florida,  Iowa,  Kansas,  Louisiana,  Nebraska,  Michigan, 
]Minnesota,  Mississippi,  Missouri,  and  Wisconsin. 
Com'r.  (M.)     Circular,  Mar.  7, 1881. 

12.  Of  registers  and  receivers  in  Arizona,  California,  Colorado, 

Idaho,  Montana,   Nevada,   New  Mexico,  Oregon,  Utah, 
Washington,  and  Wvomiug. 
Com'r,  (M.)     Circular,  Mar.  7,  1881. 

13.  Fees  in  mineral  api)lications. 

Com'r.  (M.)    R.  &  R.,  Lake  City,  Colo.,  July  8,  1881. 

14.  No  entry  fees  and  commission  to  be  collected  on  additional 

homestead  entries  under  act  of  Mar.  3,  1879. 
Com'r.  (M.)    R.  &  R.,  North  Platte,  Nebr.,  July  26,  1881. 

15.  In  timber-culture  entries. 
Com'r.  (M.)     Mar.  9,  1882. 

Indian  reservations  : 

16.  Receivers  of  i)ublic  moneys  to  deposit  gross  proceeds  from  sales 

of. 
First  Comp.  Treasury,  July  2,  1881  (M.) 

17.  Permanent;  is  a  territory  of  country,  with  definite  boundaries, 

set  apart,  and  its  occupancy  guaranteed  by  the  Govern- 
ment for  the  use  of  the  Indians,  of  which  they  cannot  be 
deprived  except  by  their  own  acts,  and  to  which  a  fee-simple 
in  them  is  not  essential. 
Sec'y.  (M.)    Oct.  20,  1882. 

18.  Title  to — or  common   Indian   title,  is  distinguished  from  the 

aboriginal  right  of  occupancy  recognized  in  the  Indians  as 
to  the  great  mass  of  land  originally  occupied  by  them. 
Ih. 


DIGEST    OF    DECISIONS.  5 

Receivers  of  public  moneys  : 

19.  Proper  officer  to  receive.    Eegisters  should  not  receive  public 

moneys,  except  a  certain  fee. 
Com'r.  (M.)    Circular,  May  24,  1882. 

20.  Keceivers  acting  as  disbursing  agents.    Directions  as  to  render- 

ing accounts. 
Corner.  (M.)     Circular,  July  15,  1882. 

21.  Can  only  receive  current  funds  of  the  United  States  in  payment 

for  public  lands. 
Com'r.  (M.)     R.  P.  M.  Grand  Island,  Nebr.,  Oct.  24,  1882. 

Registers  and  receivers : 

22.  Cannot  charge  fees  for  writing  in  making  up  record  and  de- 

cision and  transcript  thereof ;  nor  in  commission  to  take 
testimony  and  copy  of  interrogatories,  where  the  evidence 
is  taken  before  some  other  officer. 
Com'r.  (M.)  to  R.  &  R.,  North  Platte,  Nebr.,  July  18, 1882 ;  to  R. 
P.  M.,  Lake  City,  Colo.,  Mav  G,  1882,  9  C.  L.  O.  35;  (1.  L. 
O.  Circulars,  (M.)  May  24,  1879,  Jan.  27, 1881. 

23.  Duties  of,  in  reducing  testimony  to  writing  and  attending  to 

correspondence  of  office. 
Com'r.  (M.)  to  R.  &  R.,  La  Crosse,  Wis.,  July  29, 1881 ;  to  R.  P. 
M.,  Lake  City,  Colo.,  May  6,  1882,  9  C.  L.  O.,  35. 

24.  May  permit  county  clerks  to  employ  suitable  persons  to  make 

abstracts  of  the  records  of  the  land  offices;  but  not  to  in- 
terfere with  business  of  offices. 
Com'r.  (M.)    R.  P.  M.,  Concordia,  Kans.,  Feb.  23,  1882. 

Repayment  : 

25.  Claim  for,  upon  alleged  receiver's  receipt,  where  record  failed 

to  show  entry,  and  alleged  payment  not  having  been  cov- 
ered into  Treasury,  refused. 
Com'r.  (M.)    Wisher  &  Draper,  April  18,  1882. 

26.  Claimant  for,  who  voluntarily  abandoned  right  to  complete 

entry,  not  entitled  to. 
Com'r.  (M.)  to  John  Carlaird,  Jan.  20,  1882.     Sec'y.  Oct.  20, 
1882. 

27.  Claimed  on  desert-land  entry,  not  erroneously  allowed,  but 

purchasers  in  fault  by  failure  to  comply  with  the  law,  re- 
fused. 
Com'r.  (M.)  to  Curtis,  Earle  &  Burdette,  Dec.  5,  1881.     Sec'y. 
Oct.  11,  18»2. 

28.  Desert-land  entries  having  been  canceled  for  conflict,  or  as 

having  been  erroneously  allowed,  purchase  money  will  be 
refunded. 
Sec'y.    Case  of  Jerome  Madden  et  al,  Nov.  16, 1880.  7  C.  L.  O., 
151. 

29.  Desert-land  entry — where  party  voluntarily  abandoned  the  land 

because  he  could  not  procure  water  to  reclaim  it,  refused. 
Com'r.  (M.)     PMw'd  Leaventhal,  April  26,  1881;  Gonzales  & 
Chaves,  Dec.  5,  1881;  Sec'y.  Oct.  11,  1882. 

30.  Directed,  where  jjarty  had  transferred  his  rights  in  a  mineral 

entry  subsequently  to  its  cancellation. 
Com'r.  (M.)     July  29,  1881.     Sec'y.  Aug.  3,  1881. 


6  DIGEST    OF    DECISIONS. 

Btyaymetit  —  Vouliunod. 

31.  Entry  allowoil  on  proof  of  residonco,  which  was  liokl  by  tho 

i)opt.  to  be  insuflicienl,  and  tht'reui)on  eutr;y  canceled  aa 
havinji  been  orroneouslv  allowed,  roi)aynient  refused. 
Scc\v.  Aug.  1,  1881,  Mrs.  McDonald,  9  C.  L.  O.,  135. 

32.  Entry  made  on  double  mininumi  land,  afterwards  reduced  in 

price  by  act  of  June  15,  1880;  the  $1.25  per  acre,  i»aid  in 
excess  of  the  niininium  price,  directed  to  be  refunded. 
Coni'r.  (M.)     Sept.  7  and  Sept.  20,  1882.     Sec'y- Sept.  27.    1882. 

33.  Entrynien,  under  act  of  July  5, 1870,  failing  to  make  payment, 

or  ])erform  other  required  conditions,  forfeit  all  claim  to 
right  of  reimbursement,  &c. 
Com'r.  (M.)    E.  &  E.,  Topeka,  Kans.,  July  26,  1882. 

34.  For  return  of  $1.25  per  acre  in  excess  of  minimum  price,  cash 

entry,  refused,  as  the  act  of  June  15,  1880,  only  affected 
lands  that  were  subject  to  entry  after  its  passage. 
Com'r.  (M.)    May  3,  1881,  Elizabeth  Green ;  reversed  and  re- 
turn ordered.     Sec'y.  June  IG,  1881. 

35.  For  ret  urn  of  fees  and  commissions  on  homestead  entry  refused ; 

for  failure  to  comply  with  law  as  to  residence. 
Com'r.  (M.)     Nov.  10,  1880,  Wm.  Goff.     Sec'y,  Mar.  19,  1881. 

36.  For  refund  on  homestead  entry  refused;  the  claimant  having 

been  a  minor  at  the  time  of  entry. 
Sec'y.  June  14,  1881,  John  A.  Hayes. 

37.  Land  within  the  ten-mile  limits  of  a  railroad  grant,  and  in  those 

of  a  rejected  private  claim,  was  excepted  from  the  grant 
to  the  railroad,  and  refund  for  excess  over  minimum  price 
directed. 
Com'r.  (M.)    Aug.  4,  1881,  W.  J.  Johnston. 

38.  On  Osage  ceded  lands,  refused;  claimant  having  failed  to  com- 

l)ly  with  the  law  as  to  residence,  &c. 
Com'r.^  (M.)    Nov.  10,   1881,  E.   &  E.,  Independence,  Kans. 
Sec'y.  July  6,  1882. 

39.  Eefused  for  excess  above  minimum  i)rice ;  the  act  of  May  15, 

1856,  to  aid  in  the  construction  of  railroads  in  Iowa,  hav- 
ing raised  the  price  of  the  laud  to  $2.50  per  acre,  before 
claimant's  settlement. 
Com'r.  (M.)     Jan.  22,  1881,  J.  Garaghtv.     Sec'y.  July  16  and 
Sept.  19,  1881;  8  C.  L.  O.,  79. 

40.  Eefused,  where  at  the  date  of  filing,  the  entryraan,  (pre-emptor,) 

swore  that  he  was  21  years  of  age,  but  was  subsequently 
proved  to  have  then  been  a  minor;  the  entry  being  based 
upon  false  proof. 
Com'r.  (M.)     Nov.  25,  1881,  Bird  and  Lowe. 

41.  Upon  entries  made  upon  soldiers'  and  sailors' additional  home- 

steads at  Yisalia,  Cal.,  refund  of  fees,  commissions,  and 
excess  of  purchase  money  directed. 
Sec'y.  April  3,  1882,  N.  P.  Chipman. 

42.  Will  not  be  made  where  the  land  has  not  been  erroneouvsly  sold 

by  the  United  States,  so  that  for  any  reason  the  sale  cannot 
be  confirmed. 
Sec'y.  Nov.  16,  1880.  on  appeal  affirming  Com'r.,  7  C.  L.  O., 
151. 


DIGEST    OF    DECISIONS.  7 

Special  agmts  : 

43.  Manner  of  rendering  accounts  bv ;  legal  charges,  &c. 
Dept.  circular  (M.)  July  29,  1881. 

Treasury  circular,  No.  55, 1880. 

State  selections : 

44.  Final  locations  of,  are  made  when  the  lists  thereof  have  been 

examined  by  the  E.  &  E.  for  approval  and  fees  paid  thereon. 
Com'r.  (M.)    July  24,  1882,  State  Sur.  Gen.  of  Cal. 

ACCRETIONS 

To  lands  bounded  on  a  navigable  river  belong  to  the  riparian  owner, 
and  cannot  be  selected  as  swamp  or  overflowed  lands. 
Minto  V.  Delancey,  7  Oregon  E.,  337. 

See  Bailroads,  No.  2 ;  (land,)  No.  22. 

Timber  Depredations,  (accretions,)  No.  1. 

ACT  OF  JUNE  22,  1860. 
See  Private  land  claims,  No.  2,  et  aeq. 

ACTS  OF  CONGRESS. 
See  Construction,  No.  5,  and  References. 

ADDITIONAL  HOMESTEADS. 

See  Accounts,  (repayments,)  No.  41  (soldiers  and  sailors.) 

Public  lands,  (relinquishment,)  No.  316;  (residence,)  No.  336. 

ADJOINING  FARM  ENTRIES. 
See  Public  lands,  No.  12,  et  seq. 

ADMINISTRA  TOR. 

See  Mines,  <f-c.,  No.  G;  (mineral  entry,)  No.  135. 
Pre-emption,  (entry,)  No.  51. 

ADVERSE  CLAIM. 

See  Pre-emption,  No.  7;  (abandonment,)  Nos.  3,  4;  (settlement,)  No.  142. 
Mines,  ^'c.  No.  7,  et  seq. ;  (patent,)  No.  163 ;  (possession,)  No.  1S5 ;  (sur- 
vey,) No.  224. 

ADVERSE  CLAIMANT. 
See  Mines,  ^c,  Nos.  25,  26. 

ADVERSE  POSSESSION. 
See  Mexican  and  Spanish  grants.  No.  2. 

ADVERSE  RIGHT. 

See  Pre-emption,  (selection,)  No.  136. 

Private  land  claims,  (Oregon  donations,)  No.  48. 

AFFIDAVIT. 

See  Mines,  4'C-  (citizensMp^)  No.  55  ;  (affidavit,  non-mineral,)  No.  152. 
Pre-eMip<io«,(con8truction,)No.  19;  (pre-emption affidavit,) Nos. 91),  100. 

AGENT. 

The  law  of  agency  applies  to  officers  of  the  Government.  A  re- 
ceiver, in  his  official  capacity,  is  an  agent  with  powers 
defined  by  statute,  and  cannot  bind  the  Government  be 


DIGEST   OF   DECISIONS. 

yoiul  the  scope  of  his  authority.    Acts  done  outside  thereof 
are  void. 
Sec'y.  Dec.  4,  ISSO,  H.  O.  Hodges,  7  C.  L.  O.,  150. 

See  Accounid,  (spocial  ngcnt.s,)  No.  43. 

ilintc,  <Vo.  (applicatiou  for  patents,)  No.  44  ;  (coal  lands,)  No. 61. 
rit-ttnption,  (declaratory  statement,)  No.  3G. 
Timber  dfpredaiiona,  (railroads,)  No.  19. 

AGRICULTURAL  CLAIM. 

See  Mines,  ^-c,  (adverse  claim,)  No.  16;  (patent,)  No.  161. 
AGRICULTURAL  COLLEGE  SCRIP. 

The  State  of  Kansas  having,  under  act  of  July  2,  1862,  selected 
double  minimum  instead  of  tTvice  the  quantity  of  mini- 
mum lands ;  the  same,  approved  to  it  on  that  basis  and  ac- 
quiesced in  for  fifteen  years,  cannot  now  select  additional 
lands. 
Sec'y.  May  13  and  June  21,  1881;  Atty.  Gen.  June  17,  1881. 

ALABAMA. 

See  Public  lands,  (affidavit,)  No.  24. 

Railroads,  (construction,)  No.  5a;   (jurisdiction,)  No.  20a. 

ALASKA. 
See  Mines,  <f-c.,  No.  27. 

ALIEN. 
See  Pre-emption,  No.  8. 

ALIEN  CORPORATION. 
See  Mines,  tf-c.  (patents,)  Nos.  167,  170. 

AMENDMENT. 

See  Pre-emption,  (additional  land,)  No.  6;    (amendments,)  Nos.  9,  lO"; 
(filing,)  No.  58. 
Private  land  claims,  (boundary,)  No.  11 ;  (survey,)  No.  131. 

ANNUAL  LABOR. 
See  Mines,  ^-c,  No.  28,  et  seq. 

APPEAL. 

See  Land  Department,  (Gen'l  Land  Office,)  No.  11. 
Minis,  ^c,  Nos.  32,  33. 
Pre-emption,  (Boardof  Equitable  Adjudication,) No.  11;  (waiver,)No. 

168. 
Practice,  Nos.  1,2;  (dismissal  of,) No.  3;  (failure  to,) Nos.  4,  5;  (notice 

of.)  No.  8;  (time  for,)  No.  12. 
Private  land  claims,  Nos.  6,  7,  8;  (survey,)  No.  134. 

APPEARANCE. 

See  Practice,  (notice  of  appeal,)  No.  8. 

APPLICATION  FOR  PATENT. 
See  Mines,  <f-c..  No.  34,  et  seq. 

ARIZONA. 
See  Mines,  ^c.  (reeervatioo,)  No.  210. 


DIGEST    OF    DECISIONS, 
AEEANSAS. 


See  Railroads,  No.  2. 
Swamp  lands.  No.  9. 

ASSIGNEE. 

See  Military  hounty-laiid  warrants,  Nos.  1,  4. 
Patents,  No.  17. 
Private  land  claims,  (Sup.  Court  scrip,)  Nos.  116,  119. 

ASSIGNMENT. 
See  Patent,  No.  13. 
Choctaic  scrip. 
Private  land  claims,  (indemnity  scrip,)  Nos.  32,  33;  (Sup.  Court  scrip,) 

Nos.  115,  119. 
Public  lands,  (preference  right,)  Nos.  291,  296;  (purchase  money,)  No. 
300. 

ATTORNEY. 

See  Public  lands,  Nos.  46,47,46;  (contested  case,)  No.  122. 

BOARD  OF  EQUITABLE  ADJUSTMENT. 
See  Pre-emption,  No.  11. 

BOUNDARY. 

See  Mines,  <§~c.  (end  lines,)  No.  80;  (location,)  No.  103. 
Private  land  claims,  No.  9,  et  seq. 
Riparian  rights,  No.  2. 

BOUNTY-LAND  WARRANTS. 
See  Military  bounty-land  icarranis. 

BRITISH  SUBJECTS. 
See  Private  land  claims,  No.  13a;  (Oregon  donations,)  No.  50. 

CALIFORNIA. 

See  Land  Department,  No.  9. 
Mines,  ^c.  No.  50. 

Private  land  claims,  (survey,)  No.  128. 
School  lands,  Nos.  1,  3. 
Tide  lands,  No.  1. 

CANCELLATION. 

See  Private  land  claims,  (Oregon  donations,)  Noe.  68,  69,  76. 
Public  lands,  (purchase  money,)  No.  300. 

CASH  ENTRY. 

See  Private  land  claims,  (interference,)  No.  34. 
Railroads,  (settler,)  No.  66. 
Swamp  lands,  No.  7. 

CEDED  NEUTRAL  LANDS. 

Eight  of  settlers  to  purchase  under  provisions  of  treaty  of  July  19, 
1866,  limited  to  lands  actually  improved. 
Armsworthy  v.  Mo.  R.,  Ft.  S.  and  G.  R.  R.  Co.,  5  Dillon,  0.  C, 
491. 

See  Indian  lands,  No.  2, 

CERTIFICATES. 

See  Mines,  <f-c.  (of  suit  brought,)  No.  51;  (expenditures,)  No.  87;  (mineral 
entry,)  No.  139. 
Private  land  claims,  (publication  of  survey,)  No.  106. 
Public  lands,  (of  possession,)  No.  281. 


10  DIGEST    OF    DECISIONS. 

CERTIFICATION, 
See  Mines,  .fc,  (rule  83  of  practicti,)  No.  5'J. 

CKRTIFICATES  OF  LOCATION. 
See  Private  hind  claims,  (surveyor  general's  scrip,)  No3.  122,  123. 

CHARACTER  OF  LAND. 

Soc  Mines,  Sc-,  No.  r>3;  (hearinge,)  No.  93;  (mill  site,)  Nos.  127,  130;  (min- 
orals,)  No.  144. 
Pre-anplion,  (liling,)  No.  5G. 
Vcsot  lands.  No.  1. 

CHAUVIN  CLAIM. 
See  Plicate  land  claims.  No.  14. 

CHILDREN. 

See  Private  land  claims,  (Oregon  donations,)  Nos.  58,  59,  60,  73,  80,  62. 
Public  lands,  (minor  children,)  Nos.  254,  255. 

CHOCTAW  SCRIP. 

Assignment  of,  to  be  made  before  the  judge  of  probate  of  the 
county  where  the  assignor  resides,  attested  by  two  wit- 
nesses personally  acquainted  with  the  assignor,  &c.,  the 
judge  to  certify  to  the  good  character  of  the  party  and 
witnesses. 
ComVs.  instructions,  Nov.  20,  18S0,  7  0.  L.  O.,  142. 

CHURCH  SITE. 
See  Public  lands,  No.  59. 

CITIZEN. 

See  Mines,  ^c  (mining  claim,)  No.  146. 

CITIZENSHIP. 

See  Mines,  ^-c. ,  No.  55. 

Pre-emption,  Nos.  12,  13,  14. 

"  CLAIM." 
See  Pre-emption,  (entry,)  No.  47. 

CLAIMANT. 

See  Mines,  ^-c,  No.  56;  (lode  or  vein,)  No.  115. 
Pre-emption,  (town  lots,)  No.  160. 

COAL  LANDS. 
See  Mines,  ^c,  No.  57,  et  seq. 

COLOCAIORS. 
See  Miyies,  ^c.  No.  64;  (relocation,)  No.  205. 

COLORADO. 
See  Private  land  claims,  (Oregon  donations,)  No.  41. 

COLLUSION. 
See  Pre-emption,  (filing,)  No.  59. 


DIGEST    OF    DECISIONS.  11 

COMMISSIONER  GENERAL  LAND  OFFICE. 

See  Layid  Dep't,  (Gen'l  Land  Office,)  No.  10,  et  seq. 
Military  bounty-land  icarrants,  No.  4. 
Practice,  (appeal,)  No.  2. 
Private  land  cZaims,  (appeal,)  ^o.  8. 

COMMISSIONER  OF  PENSIONS. 

See  Military  bounty-land  toarrants,  Nos.  2,  3,  4,  8,  9. 

COMMUTATION. 

See  Private  land  claims,  (Oregon  donations,)  No.  61. 
Public  lands,  (settlement,)  No.  347, 

COMPLETE  TITLE. 

See  Private  land  claims,  No.  15. 

COMPROMISE. 
See  Timber  depredations,  (timber  agent,)  No.  28. 

CONFIRMATION. 

See  Private  land  claims,  (requisites  to  act  of  June  22,  I860,)  No.  5;  (com- 
plete title,)  No.  1.5;  (construction,)  No.  26;  (patent,)  Nos.  86,  87. 

CONFLICT. 

See  Mines,  c^-c,  (plats  and  field  notes,)  No.  180. 

CONSTRUCTION, 

1.  Eeservatioii  by  the  United  States  iii  grant  of  lands  in  aid  of  a 

road,  for  free  passage  of  its  mails,  construed  to  exempt  from 
tolls  all  persons  engaged  in  transporting  the  United  States 
mails,  whether  contractors  with  the  Goveinment  or  their 
employes. 
Schatts  V.  R.  Co.,  7  Oregon  R.,  250. 

2.  Tracts  cornering  upon  each  other  are  not  contiguous ;  the  latter 

word,  as  employed  in  the  administration  of  the  land  laws, 
means  that  different  subdivisions  of  land  shall  be  in  con- 
tact with  each  other,  side  by  side. 
Sec'y.  Bee.  18,  1880  j  7  C.  L.  0.,i64. 

S.  Words  are  to  be  considered  with  the  context,  and  understood 
in  the  sense  in  which  they  are  employed. 
Com'r.  (E.)    A.  &  P.  R.  R.  Co.,  Nov.  28,  188L     Sec'y.  July  8, 

1881. 

4.  If  at  the  time  the  right  of  a  railroad  under  its  grant  attached, 
there  was  upon  any  tract  of  the  land  a  settler  who  had 
such  a  claim,  that,  as  between  himself  and  the  Government 
his  title  could  thereafter  be  perfected,  such  tract  is  excepted 
from  the  grant. 
Com'r.  June  .5,  1882,  Wood  v,  S.  P.  R.  R.  Co.,  and  Perkins  v. 
same;  April  11,  1882,  Mitchell  v.  A.  &  P.  R.  R.  Co.;  Jan. 
12,  1882,  Whilsit  v.  same  j  May  19,  1882,  Musick  v.  same. 


12  DIGEST   OF   DECISIONS. 

5.    The  act  of  Congress  of  July  15,  1870,  requiring  the  N.  P.  E.  R. 
Co.  to  pay  cost  of  survey,  «S:c.,  held  uncoustitutiODal. 
County  of  Cass  v.  Morrison,  28  Minn.  K.,  257. 

See  Jiidiau  reservations. 

Indian  treaties,  No.  1,  et  seq. 

Mines,  .Vt.,  No.  07.  et  seq.  ;  (corporation,)  No.  66. 

J're-emption.  No.  15,  et  seq. 

rrivate  Jand  claims.  No.  16,  et  seq.  ;  (New  Mexico  doDatione,)  No.  44; 

(Oregon  donations,)  No.  48. 
Public  lands,  No.  7'J.  et  seq.  ;  (statutes,)  No.  355. 
liaihoads.  No.  4,  etseq. 
Timber  depredations,  No.  2. 

CONTEST. 

See  Pre-emption,  Nos.  22,23;  (town  lots,)  No.  160. 
Private  land  claims,  (survey,)  No.  133. 
Public  lands,  No.  102,  et  seq. 

.  CONTESTANT. 

See  Pre-emption,  (laches,)  No.  77  ;  (preference  right.)  Nos.  106, 107. 

Public  lands,  (relinquishment,)  No.  318  ;  (timber-culture  entry,)  Noe. 
405, 406. 

CONTESTED  CASES. 
See  Public  lands,  No.  112,  et  seq. 

• '  CONTIG  UO  US  TEA CTS." 
See  Construction,  No.  2. 

CONTEACT. 

See  Mines,  ^c,  (surface  lines,)  No.  216;  (survey,)  Noe.  218,  219. 
Pre-emption,  Nos.  24,  25;  (construction,)  No.  20. 

CONTEACTOE. 
See  Timber  depredations,  No.  3 ;  (military  poet,)  No.  14. 

CO-OWNEES. 

See  Mines,  <f-c.,  No.  65:  (patent.)  No.  164. 
Pre-emption,  (residence,)  No.  125. 

COEPOEATION. 

See  Surveys. 

Mines,  <f-c.,  No.  66. 

Eailroads,  (trespasser,)  No.  73. 

COVETS. 

See  Patents,  No.  3. 

Private  land  claims,  (survey)  No.  136. 
Pub/jc  ?a?!rf«,  (naturalization,)  No.  258. 

CULTIVATION.  , 

See  Private  land  claims,  (Oregon  donations,)  No.  46. 

CUSTOM. 
See  Mines,  <f-c.,  (mining  rules,)  No.  150. 

DAMAGES. 
See  Timber  depredations,  Nos.  4,  5,  6. 


I 


DIGEST    OF    DECISIONS.  13 

DECISIONS. 

See  Land  Department,  Nos.  2,  5,  8;  (General  Land  Office,)  Noa.  10,  14,  17. 
Private  land  claims,  (construction,)  No.  25  ;  (practice,  ex  parte,)  No.  115. 

DECLARATOBT  STATEMENT. 

See  Mines,  ^-c,  (coal  lands,)  No.  58. 

Pre-emption,  No. 28,  etaeq.;  (amendment,)  No.  9;  (town  lots,)  No. 159. 
Public  lands,  No.  351,  ei  seq. ;  (requirements,)  No.  329. 
Railroads,  Nos.  6,  6a. 

DECREE. 

See  Mines,  ^-c,  No.  74. 

Pre-emption,  (wife,)  No.  172. 

Private  land  claims,  (construction,)  No.  19;    (jurisdiction,)  No.  38; 
(survey,)  No.  128. 

DEED. 

See  Land  Department,  (General  Land  Office,)  No.  13. 
Pre-emption,  (construction,)  No.  21. 

DEFA  ULT. 

8ee  Pre-emption,  "No.  40;  (Osage  trust  and  diminished  reserve  lands, )  No.  89. 
Railroads,  (practice,)  No.  41. 

DELIVERY. 

See  Private  land  claims,  (patent,)  No.  92;  (Sup.  Court  scrip,)  No.  118. 

DEPOSITS. 

See  Accounts,  (certificates  of,)  No.  1,  et  seq.;  (for  surveys  of  public  lands,) 
No.  10. 

DEP  UTY  S  UR  VE  TORS. 

See  Mines,  ^c,  Nos.  75,  76,  77;  Private  land  claims,  (fraud,)  No.  28. 

DESERTED  WIFE. 

See  Pre-emption,  (wife,)  No.  173. 

Puilic  lands,  Nos.  143,  144  ;  (construction,)  No.  99. 

DESERT-LAND  ENTRIES. 

See  Accounts,  (repayment,)  Nos.  27,  28,  29. 
Public  ?and8,  Nos.  140,  141. 

DESERT  LANDS. 

1.  Instructions   as   to  proper  characteristics;    requirements   for 

entry,  location,  reclamation,  &c.,  under  act  of  March  3, 
1877. 
Com'r.  Circular,  Sept.  3,  1880;  approved  by  Department  Sept. 
11,  1880. 

2.  Irrigation — proof  that  crops  have  been  raised  on  every  portion 

of  the  laud  not  necessary ;  but  it  must  be  shown  that  suf- 
ficient water  has  been  brought  upon  the  land  to  thoroughly 
,  irrigate  it. 

Com'r.  Sept.  3  and  Sept.  8,  1880 ;  7  C.  L.  O.,  105,  139. 

3.  Notice  to  claimants  who  have  failed  to  make  proof  and  i)aymeut 

as  required  by  law ;  form  of. 
Com'r.  R.  &  R.,  Susanville,  (^al.,  Aug.  28,  1880. 

4.  Reclamation — proof  of,  must   be  satisfactory.     Evidence  that 

cereals,  &c.,  have  been  raised  is  satisfactory  proof. 
Com'r.  Sept.  8,  18>i0;  7  C.  L.  O.,  105. 


14  DIGEST    OF    DECISIONS. 

DEVISEE. 
See  rulUc  landf,  No.  145. 

D I  SCOT  En  Y. 
See  Mines,  tf(.,  (lode  or  vein,)  No.  111. 

DISCOVERY  SHAFT. 
See  Min^s,  ^c. ,  No.  78. 

DONATIONS. 

See  Private  land  claimfi,  (New  Mexico  tlonatione,)  No.  41.  et  seq.:  (Orogon 
donatioDB,)  No.  46,  tt  stq. 
Town  site",  No.  1. 

DROUGHT. 
See  Public  land^,  (final  proof,)  No.  175;  (residence,)  No.  330. 

DOWER. 

See  Pullic  lands,  No.  146. 

DUMPING  GROUND. 
See  Mines,  ^c,  No.  79. 

DURESS. 
See  Pre-emption,  Noe.  41,  4'i,  43. 

END  LINES. 
See  Mims,  ^c,  No.  80;  (lode  or  ledge,)  No.  124. 

ENTRY. 

See  Accounts,  (change  of  entry,)  No.  8. 

Pre-emption,  No.  44,  et  seq.;  (county  seat,)  Nos.  26,27. 
Public  lands,  No.  149,  et  seq.;  (private  entry.)  No.  297. 
Railroads,  No.  7,  et  seq. 
Tovm  site,  No.  2. 

ENTRYMAN. 
See  Accounts,  (repayment,)  No.  33. 

EQUITY. 
See  Public  lands,  No.  165. 

ESTOPPEL. 

See  Pre-emption,  No.  52. 

Private  land  claims.  No.  27 ;  (Oregon  donations,)  No.  75. 

EVIDENCE. 

See  Mines,  ^c,  No.  81,  et  seq.;  (location,)  No.  107. 
Patent,  No.  9. 
Pre-emption, 'SoB.b2,bA.  t 

EXPENDITURES. 

See  Accounts,  (contingent  expenses,)  No.  9. 

Mines,  ^c,  No.  85,  et  seq.;  (improvements, )  No.  94 ;  (placer  claim,)  No. 
177. 

FAILURE. 
See  Pre-emption,  (duress,)  Nos.  41,42,43. 


DIGEST    OF   DECISIONS.  15 

FEES  AND  COMMISSIONS. 

See  Accounts,  No.  11,  et  seq.;  (registers  and  receivers,)  No.  22. 
Military  bounty-land  warrants,  No.  6. 
Private  land  claims,  (Sup.  Court  scrip,)  Nos.  120, 121. 
Public  lands.  No.  173;  (homestead  entries,)  No.  211;    registers  and 
receivers,)  Nos.  307,308;  (statutes,)  No.  355. 

FILINGS. 

See  Bailroads,  No.  11,  et  aeq. 

Pre-emption,  No.  55,  tt  seq.;  (Osage  trust  and  diminished  reserv'e 
lands,)  No.  91. 

FINAL  PROOF. 
See  Public  lands,  No.  175,  etseq.;  (widow,)  No.  420. 

FIRES. 
See  Timber  depredations,  No.  7. 

FLORIDA. 
See  Private  land  claims,  (head  rights,)  No.  30;  (surveys,)  No.  130. 

FORCIBLE  INTRUSION. 
See  Public  lands,  No.  183. 

FOREIGNER. 
See  Public  lands,  (homestead  entries,)  No.  221. 

FOREIGN  SUBJECTS. 
See  Pre-emption,  (citizenship,)  No.  12. 

FOREITURE. 

See  Pre-emption,  Nos.  64,  65;  (Osage  trust  and  diminished  reserve  lands,) 
No.  88  ;  (proof  and  payment,)  No.  113. 
Public  lands,  (timber  culture,)  No.  366. 
Railroads,  Nos.  14,  15,  16. 

ERA  UD. 

See  Land  Department,  (General  Land  Office,)  No.  10. 

Private  land  claims,  "No.  28;  (Oregon  donations,)  No.  74. 
Pre-emption,  No.  66;  (filing,)  No.  60. 

FBA  UD  ULENT  ENTR  T. 
See  Public  lands,  No.  171. 

FRENCH  GRANTS  IN  LOUISIANA. 
See  Private  land  claims,  l^o.  29. 

GENERAL  LAND  OFFICE. 

See  Land  Department,  No.  10,  et  seq. 

Private  land  claims,  (investigation,) No.  36. 

Pre-emption,  (fraud,)  No.  66  ;  (register  and  receiver,)  No.  123:  (wife,) 

No.  172. 
Railroads,  Nos.  17,  18. 

GOOD  FAITH. 
See  Pre-emption,  No.  67;  (mistake,)  No.  79;  (residence,)  Nos.  128,  130. 


16  DIGEST    OF    DECISIONS. 

GEAXTS. 

1,  Of  alcalde  in  pueblo  of  San  Francisoo,  made  after  conquest  and 

before  ineorporation  of  eitv,  are  valid. 
Seott  V.  Dyer,  oi  Cal.  K.,  430.  " 

2.  To  Eailroad  CoiMi)any,  certilieate  of  Commissioner  General  Land 

OlViee,  showing  lands  covered  by,  and  ai)proval  of  Secre- 
tary of  tbe  Interior,  sufficient  evidence  that  land  passed 
by  grant. 
Johnson  r.  Thurston,  54  Iowa  R.,  144. 

See  Pricate  land  claims,  (coustructiou,)  Nos.  20,  21,  22. 

HEAD  OF  FAMILY. 
See  Prc-enqytion,  (wife,)  No.  171. 

HEAD  RiaHTS. 
See  Private  land  claims,  No.  30. 

HEARING. 

See  Mines,  ^-c.  No.  93. 

Pre-emjptian,  No.  68,  et  seq. 

HEIRS. 

See  Private  land  claims,  (Oregon  donations,)  Nos.  53,  59,  62,  73,  79. 
Pre-emption,  No.  71;  (entry,)  No.  51;  (residence,)  No.  131. 
Puilic  lands,  No.  246  ;  (relinquishment,)  Nos.  315,  322. 

HOLIDAY. 
See  Public  lands,  (affidavit,)  No.  24. 

HOMESTEAD. 

See  Private  land  claims,  (Oregon  donations,)  No.  64. 
Timber  depredations,  No.  11. 

HOMESTEAD  CASES. 
See  Public  lands,  (instructions,)  No.  241. 

HOMESTEAD  CLAIM. 
See  Private  land  claims,  (Oregon  donations,)  Nos.  48,  52. 

HOMESTEAD  CLAIMANT. 

See  Public  lands,  (homestead  entry,)  No.  205;  (record,)  305. 
Railroads,  No.  19. 
Timber  depredations,  (damages,)  No.  4. 

HOMESTEAD  ENTRY. 

See  Accounts,  (fees  and  commissions,)  No.  14 ;  (repayment,)  Nos.  35,  36. 
Mines,  ^c,  (dumping  ground,)  No.  79 ;  (mineral  entry,)  No.  140. 
Pre-emption,  No.  72;  (residence,)  No,  127. 
Public  lands.  No.  205,  et  seq. 

Railroads,  {entry,)  Nos.  8,  9,  10;  (settler,)  Nos. 62,  63,  64;  (soldier,) 
Nos.  69,  70 ;'  (wife,)  No. 74  ;  (withdrawal,)  No.  77. 

HOMESTEADERS. 
See  Timber  depredations,  Nos.  8,9, 10, 

HOMESTEAD  LAWS. 
See  Public  lands.  No.  231. 


DIGEST    OF    DECISIONS.  17 

HOMESTEAD  SETTLERS. 

See  Public  lands,  (unsurveyed,)  No.  414. 

HUSBAND  AND  WIFE. 

See  Pre-etnption,  (abandoumeut,)  No.  1 ;  (wife,)  No.  174. 
Private  land  claims,  (Oregon  donations,)  Nos.  49,  57. 

IDAHO. 
See  Indian  lands,  No.  3. 

ILLINOIS. 
See  Swamp  lands,  Nos.  1,2. 

IMPBO  YEMENIS. 

See  Mines,  c^c,  No.  94  ;  (expenditures,)  No.  85 ;  (survey, )  No.  222. 
Private  land  claims,  (New  Mexico  donations,)  No. 45. 
Pre-emption,  No.  73. 

INDEMNITY. 

See  Swamp  lands,  Nos.  1, 2. 

INDEMNITY  SCRIP. 

See  Private  land  claims,  Nos.  31,  32, 33. 

INDIAN  LANDS. 

Reserved  in  CheroJcee  treaty  : 

1.  LyiDg  west  of  the  ninety-sixth  degree  of  longitude,  are,  by  Art. 

16  of  the  Cherokee  treaty  of  1866,  reserved  to  the  United 
States  for  the  settlement  thereon  of  tribes  of  friendly  In- 
dians. The  possession  and  jurisdiction  thereof,  until  thus 
disposed  of,  retained  bj'^  the  Cherokee  nation,  give  it  no 
right  to  settle  its  citizens  upon  them  so  long  as  the  reserve 
to  the  United  States  subsists. 
16  Opinions  Att'y.  Gen'ls.,  470. 

Ceded  neutral  lands  : 

2.  In  Kansas,  settlers  on,  under  treaty  of  July  19, 1866,  could  pur- 

chase only  such  portions  as  they  had  improved. 
Armsworthy  v.  Mo.  11.,  Ft.  S.  &  G.  li.  R.  Co.,  5  Dillon  C.  C,  491. 

Territory  of  Idaho  : 

3.  Is  Indian  country,  but  only  so  far  as  the  rights  of  the  persons 

and  property  of  the  Indian  tribes  are  concerned,  and  to 
that  extent  within  the  sole  jurisdiction  of  the  United  States. 
Prekett  v.  U.  S.,  1  Idaho  K.,  523. 

Non-intercourse  act  : 

4.  Of  1834,  its  purpose  and  effect  was  not  to  declare  nor  maintain 

that  to  be  Indian  territory  which  was  not  in  fact  in  the 
occupation  and  under  the  control  of  the  Indians. 
Clark  -u.  Bates,  1  Dak.  K.,  42. 

Policy  of  the  Government  : 

5.  Has  been  to  prote(;t  all  citizens  in  the  occupation  of  the  ceded 

Indian  country,  and  to  secure  cessions  as  fast  as  demanded 
by  increase  of  our  own  population;   and  territory  ceded 
has  never  afterward  been  treated  as  Indian  country  for  any 
purpose. 
Id. 

H.  Mis.  45,  pt.  1 2 


18  DIGEST   OF    DECISIONS. 

Oaage  ceded  hinds : 

St'O  Accoitnis,  (ro]>ayinont,")  No.  :!S. 

.]fi»t'>i,  So.  (location  of  mint',)  Ko.  101. 

iVf-coiyifiod,  (coiustnu-tion,)  No.  IH;  (dffuult,)  No,  40;  (Osage  trust 

ami  iliniiiusluHl  rosi'ivc  lands,)  No.  8(),  et  seq. 
Piihlic  lotids,  (in  Kansas,)  No.  "JIW. 
I^aihoiulx,  (Osago  Inds.,)  Nos.  'M'\  :?7. 

INDIANS. 

ThePuebli)  Indians  of  New  Mexico  are  not  within  the  provisions  of 
the  act  of  1834,  not  beinj;  tribal,  and  are  not  subject  to  the 
inrisdic'tion  of  the  Indian  Department. 
U.  S.  r.  Lucero,  1  N.  M.  K.,  422. 
See  rre-emption,  No.  7.5. 

INDIAN  SCRIP. 

See  Public  lands.  No.  137;  (Kaw  scrip.)  No.  238;  (Chippewa  lialf-breed,) 
No.  239;  (Choctaw,)  240. 

INDIAN  RESERVATIONS. 

Under  Indian  treaties,  are  strictlj^  construed  against  the  grantee  or 
beneficiary. 
Goodfellow  V.  Miickey  et  al,  1  McOa.,  C.  C,  238. 

See  Accounts,  Nos.  16,  17,  18. 

Mines,  tjc,  (coal  lands,) No.  GO. 

Public  lands,  Nos.  235,23(5;  (Miamis  in  Kansas,)  Nos.  250,  251,  269; 
(Otoes  and  Missourias,  in  Kansas  and  Nebraska,)  No.  270;  (Ot- 
tawas  and  Chippewas,)  No.  271 ;  (permanent,  detinod,)  No.  278; 
(Sioux  and  Winnebagoes,)  No.  350;  (Utes  in  Colorado,)  No.  415. 

INDIAN  TITLES. 

1.  Cherokee  title  is  not  a  mere  ri.£:lit  of  occupancy,  but  derived  by 

orant  from  the  United  States — a  qualified  fee  witli  only 
the  right  of  possible  reversion  in  the  United  States. 
U.  S.  V.  lieese,  5  Dillon,  C.  C,  405. 

2.  Of  Indians,  in  absence  of  legislation  by  Congress  to  the  contrary, 

is  but  a  right  of  occupancy,  the  fee  remaining  in  the  United 
States. 
Goodfellow  V.  Muckey  et  al,  1  McCra.,  C.  C,  238. 

See  Accounts,  (Indian  reservations,)  Nos.  17,  18. 
Public  lands,  No.  236. 

INDIAN  TREATIES. 

1.  Cessions  by  treaty,  proclaimed  by  the  President,  have  always 

been  considered  and  treated  by  the  United  States  as  an 
invitation  by  the  Executive  Department  to  all  the  people 
to  come  upon  and  possess  the  ceded  country. 
Clark  et  al.  v.  Bates  et  al,  1  Dak.  R.,  42. 

2.  Treaty  with  Nez  Perc6  tribe  of  June  9,  18G3,  reserved  for  the 

sole   use  and   occupancy  of  the   tribe,  the  territory  de- 
scribed therein.     Settlers  upon  the  samie,  and  all  others 
who  go  thereon  to  occupy  laud,  are  trespassers. 
Langford  v.  Monteith,  1  Idaho  K.,  012. 

3.  With  Osage  Indians  of  June  2, 1825,  lands  reserved  thereby,  for 

said  Indians  and  in  their  actual  occupancy,  did  not  i)ass 
by  the  act  granting  lands  to  Kansas  in  aid  of  railroad 
construction. 
U.  S.  V.  L.,  L.  &  O.  R.  R.  Co.,  1  McCra.,  C.  C,  010;  same  v.  Mo., 
R.  &  Tex.  R'way  Co.,  ib.,  024. 


DIGEST    OF    DECISIONS.  "  19 

4.  Of  November  15, 1861,  betweeji  United  States  and  Pottawatomie 

Indians,  is  not  an  exception  to  the  general  rule,  and  is  not 
a  grant  in  presenti. 
Goodfellow  V.  Muckey  et  al,  1  McCra.,  C.  C,  238. 

5.  Stipulations  by — recognized  by  State  or  Territorial  Government 

in  its  act  of  organization,  that  lauds  in  possession  of  an 
Indian  tribe  should  not  be  part  of  such  State  or  Territory, 
the  new  government  has  no  jurisdiction  over  them. 
Langford  v.  Monteith,  102  S.  C,  145. 

INSTRUCTIONS. 
See  Fublic  lands,  No.  241,  et  seq. 

INTENTION. 

See  Pre-emption,  No.  76;  (occupation,)  No.  83. 
Private  land  claims,  (construction,)  No.  22.      . 

INTERFERENCE. 
See  Private  land  claims,  No.  34. 

INTRUSION. 

See  Pre-emption,  (possession,)  No.  97. 

INVESTIGATION. 

See  Private  land  claims,  Nos.  35,  3(3,  37;  (boundary,)  No.  13;  (practice,) 

No.  90. 

IOWA. 

Grant  of  land  to  State  in  184G  for  riv^er  improvement;  claimed 
under  railroad  grant  of  185G  ;  confirmed  to  State  by  act  of 
1862 ;  unsurve,\ed  in  1846,  and  Indian  title  not  extinguished 
till  1853 ;  held  to  have  been  exempted  from  railroad  grant 
and  grant  to  State  sustained. 
D.  S.  C.  R.  E.  Co.  V.  D.  M.  V.  R.  R.  Co.,  24  Iowa  R.,  80. 

See  Railroads,  No.  20. 

IRRIGATION. 
See  Desert  lauds,  No.  2, 

JUDGMENT  OF  COURT. 
See  Mines,  <jc.,  No.  95,  (patent,)  No.  172. 

JURISDICTION. 

See  Land  Department,  Nos.  1,  3,  7,  9  ;  (General  Land  Office,)  No.  12. 

Practice,  Nos.  6,  7. 

Pre-emption,  (Board  of  equitablo  adjustment,)  No.  11;  (hearing,) 
No.  70. 

Private  land  claims,  Nos.  38,  .39,  40 ;  (boundary,)  No.  9;  (construc- 
tion,) No.  17;  (survt'ys,)  No.  13(5. 

KANSAS. 

See  Agricultural  coUifje  scrip ;   Ceded  neutral  lands. 

Puhlic  lands,  (Miami  Indian  Keservation, )  Nos.  250,  251. 
Railroads,  No.  21. 
School  lands,  No.  0. 

LACHES. 

See  Pre-emption,  No.  77 ;   (Osage  trust  and  diminiBhed  reserve  lands,) 

No.  86. 


"20  DIGEST    OK    DECISIONS. 

LAND. 
Seo  liailroads,  No.  22. 

LAND  DICPA h'TMICNT. 

1.  Appellate  jurisilictioii  from,  cannot  be  exercised  by  the  courts. 

But  whoro,  by  niisconstriu'tion  of  the  law,  or  misrepresen- 
tation and  fraud,  a  party  has  been  deprived  by  its  officers 
of  his  rights,  the  courts  may  refuse  to  give  effect  to  its 
decisions. 
Quimby  r.  Conlan,  104  S.  C,  420. 

2.  Decisions  of,  conclusive — "all  the  questions  of  law  and  fact  per- 

taining to  the  proceedings"  being  "especially  confided" 

to  it. 
Maco  v.  Merrill,  50  Cal.  R.,  554. 
■3.  Power  of,  over  proceedings  regarding  title,  ceases  with  the  last 

official  act  necessary  to  transfer  title  to  the  claimant. 
U.  S.  V.  Schurz,  102  S.  C.,  378;  7  C.  L.  O.,  153. 

4.  Rules  by — for  disposition  of  the  public  lauds,  including  rules  for 

making  i^roof  in  pre-emption  cases,  not  inconsistent  with 
law,  will  not  be  interfered  with  bv  the  courts. 

Chapman  r.  Quinn,  56  Cal.  R.,  2G6. 
-5.  The  decision  of  the  head  of  a  Department  is  binding  upon  his 
successor,  except  in  case  where  a  relaxation  of  the  rule  is 
essential  to  the  administration  of  justice  ;  but  the  reason 
which  permits  a  review  by  the  Secretary  does  not  apply 
to  the  decisions  of  the  Bureau  officers,  they  being  subject 
to  ap])eal,  and  if  not  appealed  from,  remain  undisturbed. 

Sec'y.  April  19,  1882.     Eben  Owen  et  al,  9  C.  L.  O.,  111. 
■■6.  It  is  the  duty  of  the  Department  to  take  notice  of  the  records 
of  the  Department,  and  to  determine  matters  in  contro- 
versy in  accordance  therewith. 

Sec'y.  March  2,  1882,     Chauvin  case. 

7.  The  Department  has  no  joower  to  review  the  decision  of  tlie 

court  in  the  case  of  a  survey  ^;e;i(?«i(/  therein  at  the  passage 
of  the  act  of  July  1,  1864,  on  the  question  of  jurisdiction ; 
it  should  accept  it  as  final. 
Sec'y.  Jan.  4,  1882,  Rancho  Alisal. 

8.  Decisions  of  Interior  Department  on  questions  appealed  from 

the  General  Land  Office  are  binding  upon  that  office. 
Act'g  Sec'y.  August  8, 1881.     Alcide  Gindnay,  8  C.  L.  O.,  157. 

5.  The  act  of  March  1,  1877,  confers  the  jurisdiction  and  imposes 

the  duty  ui)on  the  Laud  Dei)artment  to  inquire  into  al- 
leged settlement  rights  upon  lauds  im])roperIy  certified  to 
the  State  of  California  in  lieu  of  school  sections  16  and  36, 
and  to  dispose  of  the  title  to  the  partj'  found  to  have  the 
better  right  thereto. 
Sec'y.   Case  of  Lawrence  Ketchum,  Nov.  6, 1880,  7  C.  L.  O.,  139. 

General  Land  Office: 

10.  Decisions  of,  upon  questions  of  fact  arising  in  course  of  its  busi- 
ness are  conclusive,  unless  the  result  of  fi'aud  or  mistake; 
but  for  errors  in  matters  of  law  its  decisions  are  subject 
to  review  by  the  courts. 
Aiken  v.  Ferr^*,  6  Saw.,  C.  C,  79. 


DIGEST    OF   DECISIONS.  21 

General  Land  Office — Continued. 

11.  Where,  in  the  absence  of  an  appeal,  the  Commissioner  reviewed 

the  decision  of  the  local  officers,  the  Department,  on  appeal; 
to  it,  will  not  review  the  decision,  but  dismiss  the  appeal 
and  render  the  decision  of  the  local  officers  final. 

Sec'y.  Sept.  27,  1882.     Brown  v.  Jefterson  &  Shaw. 

Sec'y.  I^ov.  17,  1882.     Jack  v.  Grove. 

12.  The  Commissioner  has  jurisdiction,  by  virtue  of  his  supervisory- 

authority,  to  examine  the  record  of  a  case  upon  the  decis- 
ion of  the  local  officers  from  which  appeal  has  not  been.' 
taken;  and  if  the  law  has  been  misconstrued  by  them,  to^ 
reverse  their  decision. 
Com'r.  (G.)  Nov.  28,  1882.  Willardson  v.  Dusterburg,  10  W„ 
L.  Rep't,  7C2. 

13.  Cannot,  in  a  collateral  proceeding,  question  the  effect  of  a  deeiB 

to  transfer  title. 
Com'r.  (G.)     April  12,  1881.    Maxwell  v.  Ballard  et  al,  8  C.  L. 
O.,  73. 

14.  One  Commissioner  of  the  General  Land  Officer  has  no  authority 

to  review  a  decision  of  his  predecessor  which  has  become; 
final. 
Sec'y.  April  19,  1882.    Eben  Owen  et  al,  9  C.  L.  O.,  111. 

15.  The  Commissioner  has  no  i)ower  to  approve  a  survey  which  im 

effect  would  reverse  former  decisions  of  the  Department. 
in  the  case,  however  well  convinced  that  such  decision&; 
were  erroneous. 
Sec'y.  Mar.  .2,  1880.    Chauvin  case. 

16.  The  claim  having  been  confirmed  by  the  Board  duly  authorized'^, 

survey  made,  accepted  by  party,  and  qualifiedly  approved-, 
and  patent  certificate  issxied,  it  was  the  duty  of  the  Com- 
missioner to  issue  patent,  though  a  portion  of  the  lantS 
had  been  patented  to  a  conflicting  claim. 
Id. 

17.  Decisions  of,  relative  to  order  for  hearing  on  contest— appeal 

from,  cannot  be  taken. 
Sec'y.  May  2,  1881.     Blair  v.  Ellsworth,  9  C.  L.  O.,  90. 

See  Patent,  Nos.  3,  5. 

Pre-emption,  (wife,)  No.  172. 

Private  land  claims,  (complete  title,)  No.  1.5;  (jiirisdictiou,)  No.  :}8  : 
(Oregon  douatious,)  Nos.  61,  64  ;  (patent,)  Nos.  89,  90  ;  (publica- 
tion of  surveys,)  No.  lOIi;  (selection,)  Nos.  110,  111;  (survey,)  Nos.. 
124,  134. 

Railroads, {Wing,)  No,  11 ;  (General  Land  Office,)  Nos.  17, 18. 

Timber  depredations,  (railroads,)  No.  23. 

LATERAL  LIMITS. 
See  Railroads,  (Burlington  and  Mo.  Kiv.  K.  R.  Co.,)  No.  3. 

LAW. 

See  Public  lands,  (ignorance  of,)  No.  232. 

LEGAL  REPRESENTATIVES. 

See  Public  lands,  No.  246. 

LIEU  LANDS. 
See  Railroads,  Nos.  23,  24. 


DIGEST    OF    DECISIONS. 
LOCAL  LAWS. 


Seo  itincs,  .jr.,  No.  1)8. 


LOCATinX. 


See  ^^UtnrlJ  hoiintii-ltiiui  uanunits.  No.  '>. 

MiniK.Wv.,  No".  W,  ct  xnj.  ;  (lodo,)  Nos.  IKi,  117;  (possossion,)  No.  183; 

(tnnnol,)  Nos.  ^.W,  S.i[). 
rorttttivUl  nvfip,  Nos.  1 ,  '2. 
rrc-nnplion,  (Valfiitino  scri]),)  No.  1G4. 

rriratf  land  claims,  (fraud,)  No.  28;  (selection,)  Nos.  110,  111. 
liailroadK,  No.  25,  rt  srq. 
SioiiJ  half-hrecd  scrip,  No.  1. 
Timber  depredations,  (niilroads,)  Nos.  21,  24. 

LOCATOR. 

See  Mines,  .fc,  No.  108. 

Timber  depredations,  (miniug  claim,)  No.  15. 

LODE  CLAIM. 
See  Mines,  lJ-c,  (placer  claim,)  No.  175. 

LODE,  LEDGE,  ETC. 

See  Patent,  No.  16. 

Mines,  ^-c,  (location,)  No.  102a,  No.  109,  et  seq.;  (placer  claim,)  No. 
175. 

LOUISIAXA. 

See  Private  land  claims,  (Frencli  grants  in,)  No.  29;    (surveyor  general's 
scri]), )  No.  122. 
Sicamj)  lands,  Nos.  3,  4. 

MARR  ED  MAX. 
Sec  Private  land  claims,  (Ore  on  donations,)  No.  56. 

MARRIED   U'OMAX. 
See  Public  lands,  Nos.  247,  248,  249;  (minor  children,)  No.  254. 

MESQUITE. 
See  Timber  depredations.  No.  12. 

"MEXICAN  GRANTEE." 

See  Mexican  and  Spanish  grunts.  No.  4. 

Private  land  claim,s,  (construction,)  No.  23, 

MEXICAN  AND  SPANISH  GRANTS. 

1.  All  lands  embraced  in,  before  the  same  are  confirmed  and  lo- 

cated, are  reserved  Irom  sale  or  other  disposal  by  the  United 
States  under  the  act  of  July  22, 1854,  and  are  exempted  from 
the  operations  of  law  granting^  right  of  way,  &c.,  to  rail- 
roads. 
Com'r.  (P.)     C.  N.  Gildersleeve,  July  15,  1882. 

2.  By  political  chief  of  New  Mexico  in  1823,  though  not  sufficient 

to  i)ass  title,  for  want  of  legal  authority  to  make  it,  is  ad- 
missible to  found  the  basis  of  adverse  possession  against 
one  who  can  show  no  better  title. 
Pino  V.  Hatch,  1  X.  M.  R.,  125. 


DIGEST    OF    DECISIONS.  23 

3.  By  political  chief  of  New  Mexico,  with  the  advice  of  the  provin- 

cial deputatiou,  reciting  tliat  it  was  made  by  legal  authority, 
grant  and  possession  having  remained  without  objection  by 
the  Gov't  for  25  years,  must  be  presumed  to  be  valid ;  at 
least  against  all' but  the  National  Gov't. 
Id.,  Brocchus,  J. 

4.  "  Mexican  grantee,"  as  used  in  act  of  July  23,  1866,  does  not 

mean  merely  a  person  to  whom  a  grant  has  been  made,  but 
one  who  in  good  faith  has  purchased  land  supposed  to  have 
been  so  granted,  and  improved  and  continued  in  possession 
thereof. 
Bacon  v.  Davis,  56  Cal.  E.,  152 ;  Hormer  v.  Duggan,  id.,  257. 

5.  Political  chief  of  New  Mexico,  after  the  separation  from  Spain, 

had  no  power  without  express  authority  from  the  Mexican 
Government  to  grant  away  any  of  the  public  domain. 
Pino  V.  Hatch,  1  N.  M.  R.,  125. 

6.  Possession — after  grant,  under  Mexican  law,  delivery  of,  was 

essential  to  complete  investiture. 
V.  S.  V.  Castro,  5  Saw.,  C.  C,  625. 

7.  Property  rights  acquired  in  New  Mexico  under,  are  fully  pro- 

tected by  the  treaty  of  cession,  and  cannot  be  disturbed. 
Pino  V.  Hatch,  1  N.  M.  R.,  125. 

8.  Under  the  Mexican  law  of  1825,  were  alienable  before  location. 
Hunnicutt  v.  Peyton,  102  S.  C,  333. 

See  Patent,  No.  20. 

Mines,  cfc.  No.  125;  (reservation,)  No.  210. 

Pre-em])\ion,  No.  95. 

Private  land  claims,  (boundary,)  No.  10;  (reservation,)  Nos.  107,  108, 

109;  (survey,)  No.  127. 
Railroads,  No.  29. 
Tide  lands.  No.  2. 
Timber  depredations,  No.  13, 

MICHIGAN. 

See  Swamp  lands,  Nos.  6,  7. 

MILITARY  BOUNTY-LAND  WARRANTS. 

1.  Assignee  of,  cannot  be  considered  an  innocent  purchaser  when 

warrant  is  issued  in  the  name  of  a  person  deceased  with- 
out heirs,  or  of  a  fictitious  person. 
Sec'y.  July  23,  1881.     And.  Anderson. 

2.  Caveat  by  Com'r  of  Pensions  on  ground  of  alleged  fraud,  unac- 

companied by  evidence,  is  of  no  effect  to  stay  patenting. 
Com'r.  (B.)     Sept.  2,  1881;  J.  A.  Pennington,  Sept.  12,  1881, 
I.  H.  Walker. 

3.  Com'r.  of  Pensions  has  no  authority  to  cancel,  in  the  hands  of 

an  innocent  assignee. 
Sec'y.  July  13, 1881.   And.  Anderson. 
Com'r.  (B.)  Oct.  23, 1882.     ]Jcnhart  Henn. 

4.  Com'r.  of  Pensions  has  no  jurisdiction  to  determine  who  is  an 

innocent  purchaser  or  bona  Jide  assignee,  that  being  con- 
fided to  the  Com'r.  of  the  General  Land  Office. 
Sec'y.  July  23,  1881.     Wm.  H.  Barton. 


24  DIGEST    OF    DECISIONS. 

5.  Location  by  iiiniHcut  <f.s,sw7//j<r  under  (liii»licat6  warrant,  issued  by 

mistake,  iMititled  to  patent. 
Coni'r.  (H.)     Sei)t.  1(1,  1SSl>.     W.  J.  Carlyle. 

6.  No  fee  ehar^cablc  by  General  Land  Oflice  for  certifications  of 

assijinnient  of. 
Com'r.  (D.)     Nov.  11,  1881. 
Sec'y.  Nov.  20,  1881. 

7.  Patents  issued  under,  and  withheld,  are  subject,  as  to  delivery, 

to  the  rule  laid  down  in  the  McBride  case. 
Sec'y.  July  'S3,  1881  (B.) 

8.  "Withdrawal  of,  from  General  Land  Office  by  Commissioner  of 

Pensions,  discontinued. 
Sec'y.  July  23,  1881.    And.  Anderson. 

9.  Withdrawn  from  General  Laud  Office  by  Commissioner  of  Pen- 

sions, directed  to  be  returned. 
Id. 

See  Patent,  No.  14. 

PultUc  lands,  (ComVs  certificate,)  No.  253. 

MILITARY  POST. 
See  Timber  depredations,  No.  14. 

MILITAE  Y  BESEB  FA  TION. 

See  Mines,  4-c.,  No.  126. 

Private  land  claims,  (construction,)  No.  16;  (Oregon  donations,)  No,  51. 

MILL  SITE. 

See  Mines,  <f-c.,  No.  127,  et  seq. ;  (location  of  mine,)  No.  102;  (non-mineral 
affidavit,)  No.  1.52  ;  (patent,)  No.  109. 

MINERAL  ENTRY. ' 

See  Mines,  ^-c,  No.  134,  et  seq. 

Accounts,  (repayment,)  No.  30  ;  (survey,)  No.  225. 

MINERAL  LANDS. 

See  Accounts,  (cert's  of  deposit,)  No.  4. 

Mines,  ^c.  No.  141 ;  (Alaska,)  No.  27  ;  (petroleum,)  No.  174 ;  (timber,) 

No.  234;  (town  site,)  No.  236. 
School  lands,  Nos.  1, 3. 
Timber  depredations,  (Mesquite,)  No.  12;  (mining  claims,)  Nos.  16, 17. 

MINERALS. 

See  Mines,  ^c,  Nos.  143,  144;  (asphaltuip,)  No.49;  (coal  lands, )  No.  62 ; 
(gypsum,)  No.  92  ;  (lime,  limestone,)  Nos.  96, 97 ;  (petroleum,)  No. 
174;  (rock  salt,)  No. 212. 
Railroads,  No.  30. 

MINERAL  SPRINGS. 
See  Mines,  4~c.,  No.  142. 

MINES,  MINING  LAWS,  RULES,  TITLES,  ETC.— DIVISION  N. 

Abandonment  : 

1.  Facts  as  to  alleged,  after  publication,  must  be  determined  by 
Land  Department;  findings  of  the  court  thereon,  not  con- 
clusive upon  it. 
Sec'y.  Oct.  8,  1881.    Crampton  and  Johnson  v.  Baer. 


DIGEST    OF    DECISIONS.  25 

A  bandonm  ent — Coutin  ued. 

2.  As  to  the  question  of,  it  is  immaterial  whether  the  work  done 

be  by  part  owners  or  holders  of  the  legal  or  equitable  title, 
so  long  as  done  in  the  interest  of  the  claim.  It  is  suf- 
ficient to  save  forfeiture  for  abandonment,  and  relocation 
cannot  attach. 
Sec'y.May  16,  1882.  Diamond  Creek  G.'  &  Sil.  Wg  Co.  v.  Llovd, 
9  C.  L.  O.,  54. 

3.  A  relocation  is,  of  all  the  prior  location  not  embraced  therein. 
Com'r.  (N.)     Dec.  17,  1880.     C.  D.  Henry. 

4.  Exclusion  from  an  application  for  patent  of  a  portion  of  the 

claim,  which  is  included  in  a  i)rior  api^lication,  and  upon 
which  the  second  applicant  has  filed  an  adverse  claim,  does 
not  amount  to. 
Com'r.  (N.)     Oct.  1,  1881.     Eebellion  Wg  Co.,  8  C.  L.  O.,  105. 

5.  Failure  to  perform  the  work  in  a  mining  claim  required  by  law, 

amounts  to  an   abandonment  of  the  claim,  which  may 
thereupon  be  occupied  by  another. 
Kramer  v.  Settler,  1  Idaho  R.,  485. 

Acts  of  Congress : 

Construction  of  sundry. 

See  Mines,  ^'C,  No.  67,  et  seq. 
Administrator : 

6.  Allowed  to  make  entry  for  mining  claim  in  Utah. 

Sec'y.  May  5, 1882.    Benton  mine. 

Adverse  claim : 

7.  When  suit  on  is  dismissed,  party  no  longer  entitled  to  maintain 

the  position  of  an  adverse  claimant. 
Sec'y.  July  10,  1881.     Parker  v.  Thompson. 

8.  When  regularly  i^resented  and  suit  begun  on,  the  Land  Depart- 

ment should  take  no  action  that  will  atiVct  rights  of  the 
parties  under  the  judgment  that  may  be  rendered. 
Sec'y.  April  14,  1881.     Moffat  v.   Compromise  Lode  claimants, 
8  C.  L.  O.,  54. 

9.  When  the  case  is  properly  in  court,  record  evidence  in  the 

Land  Oftice,  going  to  the  merits  thereof,  cannot  be  consid- 
ered to  {\(istroy  prima  facie  sufficiency  of. 
Id. 

10.  That   does  not   show  "extent  and   boundaries"  properly  dis- 

missed. 
Sec'y.  Nov.  12,  1881.     Stroever  ct  al.  v.  Chamberlain. 

11.  A  tunnel  location  can  be  an. 

Sec'y.  Dec.  12,  1881.    Bodie  TuTinel  &  M'g  Co.  v.  Bechtel  Cons. 
M'g  Co.  et  al.,  8  C.  L.  O.,  173,  and  C.  M.  L.,  (2  ed.,)  318. 

12.  Matters  incident   to  the  right  of  possession  not  a  matter  of 

protest,  but  ])ertain  to  an. 
Sec'y.  June  8,  1882.    Sej^mour  v.  Wood  ct  al. 

13.  Must  be  filed  to  protect  their  rights  by  co-claimants  who  have 

not  been  properly  notified  that  their  share  of  assessnjent 
work  is  due;  or  who  have  j)iiid  the  same.  They  waive 
their  rights  by  failure  to  do  so,  and    tlui   law  not  only 


'2G  DIGEST    OF    DHCISIONS. 

Adturse  chiini — ('oiiiiimcd. 

a.s.sumos  that  no  such  rlaiiiis  exist,  but  if  antocedont  pro- 
cocdinjis  have  been   ir^ular,  all  that  luijilit  be  set  up  iu 
court  has  been  ad.judieated  in  favor  of  the  ap])lieant. 
See'y.  Au^.  7,  1882.     Grampian  Ledge  case,  I)  C.  L.  O.,  113. 

11.  In  absence  of  proof  to  the  contrary  it  will  be  presumed  that 
suit  was  bejjun  in  time  on  an. 
Sec'y.  Oct.  12,  1882.     Temple  et  al.  v.  Doolittle  et  al 

15.  Irregularities  and  informalities  in  the  location  and  survey  of, 

and  the  indefinite  character  of  its  location  notice,  are  mat- 
ters for  the  determination  of  the  proper  court. 
Li. 

16.  An  agricultural  claim  not  the  subject  of;  the  issue  is  one  of 

fact,  as  to  the  character  of  the  land,  to  be  determined  by 
the  Land  Department. 
Com'r.  (K)     Dec.  1,  1880.     R,  and  Jl.,  Lake  City,  Colo. 

17.  Unnecessary  to  file  an, — based  on  a  patented  lode,  as  all  area  iu 

conflict  with  a  prior  patent  is  excluded  before  issuance 
of  a  second  patent.     Adverse  rights  as  between  lode  and 
placer  claimants  shall  be  adjudicated  in  the  courts. 
Acting  Com'r.  (N.)     June  11,  1881.     ]McCauley  Placer. 

18.  Not  allowed  where  no  conflict  of  surface  ground  exists. 

Com'r.  (N.)     Sept.  12,  1881.     Eureka  Mg.  Co.  v.  Pioneer  Cons. 
Co.,  8C.  L.  O.,  106. 

19.  Waiver  of  an,  by  party  making  the  first  application,  is  a  waiver 

of  no  right  under  the  ap])lication. 
Com'r.  (K)     July  14,  1882.     Iron  Queen  Lode  v.  Codfish  Balls 
Lode. 

20.  Survey  of,  not  required  by  the  law  or  official  regulations  to  be 

authorized  by  or  receive  the  approval  of  the  Surveyor 
General. 
Com'r.  (X.)     May  10,  1881.     Theo.  Wagner. 

21.  Adverse  claimant  may  make  oath  to,  if  absent  from  the  district, 

before  the  clerk  of  any  court  of  record  or  notary  public 
of  the  U.  S.  or  State  or  Territory  where  he  may  then  be. 
Act  of  Apl.  26,  1882,  9  C.  L.  O.,  52. 

22.  May  be  filed  by  claimant's  duly  authorized  agent  or  attorney 

of  fact. 
Id.   ' 

23.  For  a  mining  companj',  may  be  filed  by  the  general  superin- 

tendent, as  an  executive  officer  thereof,  without  specific 
authoritv  to  do  so. 
Com'r.  (N.)   *July  12,  1882.     Delia  S.  Lode  v.  American  Lode. 

24.  When  verified  by  an  agent,  he  must  distinctly  swear  he  is  such 

agent,  and  must  make  the  affidavit  of  verification  of  the 
adverse  claim  within  the  land  district  where  the  claim  is 
situated. 
Com'r.  (N.)     May  9,  1882.     Circular,  9  C.  L.  O.,  52. 

See  Mines,  ^c,  (mill  site,)  No.  128;  (survey,)  No.  224  ;  (waiver,)  No.  241. 

Adverse  claimant : 

25.  When  suit  on  adverse  claim  is  dismissed,  a  party  is  no  longer 

entitled  to  maintain  position  of. 
Sec'y.  Jan.  10,  1881.     Parker  v.  Thompson. 


DIGEST    OF    DECISIONS.  27 

Adverse  claimant — Coutinued. 

26.  Should  file  certificate  of  commencement  of  suit  witbin  forty- 
five  days  from  filing-  claim. 
Com'r.  (N.)     Dec.  10,  1880.     Circular,  9  0.  L.  O.,  148. 

See  Mine",  tf-c,  (adverse  claims,)  No.  21 ;  (survey,)  No.  224. 

Agent : 

See  Mines,  t^-c,  (adverse  claims,)  No,  22  ;  (application  for  patent,)  No.  41. 

Agricultural  claim  : 

See  Mines,  ifc,  (adverse  claims,)  No.  16. 

Annual  labor: 

28.  The  provision  of  law  relating  to,  on  lode  claims,  has  no  appli- 

cation to  mill-site  locations. 
Com'r.  (N.)     July  25,  1882.     Wm.  A.  Maguire. 

29.  In  the  absence  of  proof  of  no  interruption  of,  between  the  date 

of  publication  and  entry,  when  entry  is  deferred  for  several 
years  after  publication,  the  same  will  be  called  for  before 
patent  will  issue. 
Com'r.  (N.)     Feb.  13,  1882.     Hill  De  Arnitt. 

30.  Where  location  was  made  Oct.,  1879,  work  done  between  that 

date  and  Jan.,  1880,  cannot  be  allowed  as  that  "  required 
to  be  done  annually"  by  the  act  of  Jan.  22,  1880. 
Com'r.  Nov.  10,  1880,  7  C.  L.  O.,  130. 

31.  Where  several  persons  locate  1,500  feet  of  mineral  land  in  a 

body,  but  not  in  company,  dividing  the  same  into  various 
claims,  and  holding  in  severalty,  the  sinking  of  a  single 
shaft  is  not  sufficient  to  perfect  title  to  the  whole.  Zcck- 
eudorf  v.  Hutchinson,  1  N.  M.  E.,  470. 

See  Mines,  t^x.,  (expenditure,)  No.  89. 
Appeal : 

32.  Want  of  notice  justifies  dismissal  of,  on  technical  grounds. 
Sec'y.  Dec.  18,  1880.    Little  Nettie  Lode. 

33.  A  protestant,  or  party  without  interest  in  a  mining  case,  not 

entitled  to,  but  is  entitled  to  certification  of  case  to  the 
Secretary. 
Sec'y.  June  8,  1881.     Jacob  Little  Cons  Mg.  Co.,  8  C,  L.  O.,  53. 

Application  for  patents : 

34.  Secretary's  decision  of  Nov.  29,  1880,  in  this  case,  not  a  prece- 

dent as  to  receiving  a  second,  during  i)endency  of  the  first. 
.  Sec'y.  Mar.  3,  1881.     Seaton  Mg.  Co.  v.  Davis. 

35.  Notice  of,  must  be  posted  in  local  land  office  the  full  period  of 

sixty  <lays.     Where  during  ])eriod  of  notice,  or  ])ub]ica- 
tion,  the  office  is  closed  for  a  brief  time,  that  time  is  not 
computed  as  i)art  of  the  sixty  da  vs. 
Sec'y.  Apl.  11,  1882.     Tilden  ct  at  v.  Interveuor  Mg.  Co.,  9  C. 
L.  O.,  93. 

36.  Should  be  received  in  order  of  ])resentati<)n,  and  not  according 

to  prioiitv  of  ai>j)rovaI  of  surveys. 
Sec'y.  May  11,  1882.     J5ig  I'iat  Gravel  Mg.  Co.  v.  Big  Flat  Gold 
Mg.  Co.  ctal,  9C.  L.  ().,  .^)2. 


2S  DIGEST    OF   DECISIONS. 

Application  for  patoits — Coiitimu'd. 

38.  l*resoiitO(l  without  i)roof  that  i)liit  nnd  notice  liad  been  posted 

ui)on  the  ohiim,  is  void  ah  initio,  and  no  bar  to  the  recep- 
tion of  another  api)lication. 
Acting-  Sec'y.  Aut>-.  18,  J882.     De  Long  r.  IJine,  9  C.  L.  O.,  114. 

39.  Should  be  refused  on  a  defective  survey,  inadvertently  approved, 

when   K.  and  Ix.  have  been  so  notilied  by  the  surveyor 
general. 
Coni'r.  (N.)     Dec.  HI,  1880.     Albert  Johnson. 

40.  IMay  be  made,  excluding  the  portion  involved  in  contlict  by  an 

adverse  claim  against  a  prior  ai)plication;  such  exclusion 
does  not  amount  to  abandonment. 
Com'r.  (N.)     Oct.  1,  1881.     Rebellion  Mg.  Co.,  8  C.  L.  O.,  10.5^ 

41.  When  made  by  agent  where  the  claimant  was  a  resident  of  and 

in  the  land  district,  the  claimant  was  allowed  to  sign  the 
same,  after  entry,  nunc  xno  tunc;  it  not  being  misleading 
and  no  protest  existing. 
Com'r.  (N.)     June  19, 1882.     Eobert  O.  Olds. 

42.  Though  void  ah  initio,  it  has  the  eftect  of  appropriating  the 

land  until  declared  illegal. 
Com'r.  (N.)     July  8,  1882.     John  R.  Tunnel  Lode. 

43.  May  be  withdrawn,  but  the  fact  should  be  made  of  record  at 

the  local  office. 
Acting  Com'r.  (N.)    Oct.  23, 1882.    James  Nesbitt. 

44.  For  a  miniug  claim,  may  be  made  by  an  agent,  where  claimant 

is  not  a  resident  of  or  within  the  land  district. 
Act  of  Jan'y  22,  1880,  8  C.  L.  O.,  71. 

45.  For  placers,  should  state  whether  the  land  is  all  placer;  and 

specificallv  as  to  lodes  claimed. 
Com'r.  (X.)     Circular,  Sept.  22,  1882,  9  C.  L.  O.,  130. 

46.  For  placers;  should  include  the  report  of  the  deputy  surveyor 

as  to  proximitv  of  centers  of  trade,  &c. 
Id.  '         , 

47.  For  placers;  by  an  association  ;  cannot  embrace  more  than  IGO 

acres;  and  $500  worth  of  work  upon  or  for  the  benefit  of 
each  separate  location  must  be  shown. 
Com'r.  (X.)     Circular  of  Dec.  9,  1882. 

48.  For  a  placer,  by  an  individual,  who  becomes  the  purchaser  and 

possessor  of  several  sei)arate  claims  of  20  acres  each,  may 
embrace  any  number  of  such  claims  contiguous  to  each 
other,  not  exceeding  IGO  acres  in  aggregate;  but  $500  in 
improvements  on  each  original  location  must  be  shown. 
Id. 

Asphaltum : 

49.  Land  more  valuable  for,  than  for  agriculture,  is  subject  to  entry 

under  the  mining  laws. 
Com'r.  (X.)    Feb.  7,  1882.    H.  Poole. 

Assessment  tcorlc : 

See  Mines,  ^-c,  (adverse  claim,)  No.  13. 

Burden  of  proof : 

See  Mines,  ^c,  (protestants, )  No.  193. 


DIGEST    OF    DECISIONS.  29 

California : 

50.  Land  not  known  to  contain  minerals  at  tbe  date  of  the  act  of 

July  23, 18GC),  confirming  selections  thereof  by  the  State  of 
California,  as  therein  described,  is  not  subject  to  investi- 
gation touching  the  alleged  discovery  of  mineral  there- 
atter. 
Com'r.  (X.)    Jan.  4,  1882.     Mary  Polack,  8  C.  L.  O.,  189. 

Cancellation  ; 

See  Mines,  ^-c,  (mineral  entry,)  Nos.  134,  137. 

Certificate  : 

51.  Of  commencement  of  suit  should  be  filed  by  adverse  claimant 

within  45  days  from  the  filing  of  the  adverse  claim. 
Com'r.  Dec.  10,  1880.     Circular,  9  C.  L.  O.,  148. 

Certification : 

52.  Application  for,  under  rule  83  of  practice,  should  be  so  pre- 

sented as  to  raise  a  reasonable  presumption  of  error  or 
oversight;  or  show  the  need  of  intervention  to  prevent  un- 
due haste,  or,  possibly,  injury,  to  important  and  valuable 

Sec'y.  Feb.  14,  1882.    A.  W.  Eucker. 

See  Mines,  ^c,  (appeal,)  No.  33. 

Character  of  land : 

53.  Surveyor  general's  returns  as  to,  will  be  sustained  unless  im- 

peached by  positive  evidence. 
Sec'y.  Mch.  9,  1882.     Conant  et  al.  vs.  Northcutt,  10  W.  L. 
Eep'r,  189. 
5t.  Instructions  as  to  hearings  to  determine. 

Com'r.  Dec.  17,  1880.     Circular,  9  C.  L.  O.,  164. 
See  Mines,  <j-c.,  (hearing,)  No.  93;  (mill  site,)  No.  127. 

Citizenship ; 

55.  Afiidavit  of,  may  be  made  by  mineral  claimant,  if  residing  be- 

yond the  limits  of  the  district  where  the  claim  is  situated, 
before  the  clerk  of  any  court  of  record  or  notary  public, 
&c. 
Act  of  Apl.  26,  1882,  9  C.  L.  O.,  52 ;   Circular,  May  9,  1882,  9 
C.  L.  O.,  52. 
Claimant ; 

56.  Is  allowed  to  hold  but  one  ledge  by  location ;  but  the  fact  that 

other  ledges  may  exist  within  his  limits  must  first  be  estab- 
lished before  a  subsequent,  can  pass  into  those  limits. 
Atkinson  v.  Herndon,  1  Idaho  R.,  95. 

Coal  lands: 

57.  Price  of,  determined  by  distance  from  completed  railroad  at  date 

of  entry. 
Sec'y.  "Coal  Lands,"  8  C.  L.  O.,  120,  and  Copp's  M.  L.,  (2  ed.,) 
345. 

58.  Declaratory  statements  for,  cannot  be  relinquished  and  canceled 

under  the  act  of  May  14,  1880. 
Com'r.  (N.)     Jan'y  4,  1882.     It.  &  P.,  Salt  Lake  City. 


30  DIGEST    or    DECISIONS. 

Coal  hinds — (."oiitimu'd. 

51>.  *'  I-'illcMMi  niilos  tVoin  a  coniivletcd  rnilroiid"  (as  used  in  K.  S. 
-Ml,  ]H'Vt:\\u'u\<x  to  coal  lands)  conveys  the  idea  oi'  gco- 
jii'apliical  distance. 
Com'r.  (N.)     Apl.  3,  ISSii.     Hans  Carlston. 

60.  Under  the  act  of  Jnly  118,  1.SS2,  rehitive  to  the  ten-mile  stiiinu 
the  former  limits  of  the  Tte  Reservation,  therein  described, 
a  c*)al  claimant  may  hold  his  land  one  year  from  the  date 
when  tlu'  same  shall  be  open  for  entry,  and  to  i)nrchase 
within  that  vear  at  8liO  i)er  acre. 
Com'r.  (N.)     Nov.  1»L*,  J 881*.     A.  H.  Morse. 

01.  Occupation  of,  by  a  company  under  an  agreement  of  purcb£tse 
from  the  claimant,  whereby  it  was  to  receive  an  absolute 
estate  of  fee  simple  to  said  land  after  he  had  procured 
patent,  reserving  to  him  only  an  interest  in  the  profits,  &c.,, 
is  not  recognized  as  occupancy  of  priucii)al  through  agent. 
The  claimant  is  not  in  possession.  But  the  company  may 
show  its  right  to  purchase  and  prove  up  as  assignee  of 
claimant. 
Sec'y.  Dec.  11,  1882.     Kerr  et  al.  v.  Carle  ton. 

C2.  The  act  of  July  2,  1804,  gave  a  construction  to  the  term 
''mines,"  which  thenceforth  attached  to  all  known  "coal 
beds  or  coal  fields,"  in  which  no  interest  had  before  become 
vested,  and  withdrew  such  coal  lands  from  the  operation 
of  all  other  acts  of  Congress. 
TJ.  S.  V.  Mullau  et  al,  Sawyer,  C.  J.,  Feb.  27,  1882,  9  C.  L. 
O.,  25. 

63.  After  July  1,  1804,  known  coal  lands  were  not  subject  to  selec- 
tion by  the  State  in  lieu  of  sections  10  and  30  for  school 
pur])Oses. 
Id. 

Colocators: 

04.  If  one  of  several  colocators  of  a  mining  claim  cause  notice  to 

be  recorded  in  the  names  of  all,  in  the  absence  of  proof  ta 
the  contrary  the  formal  consent  of  his  colocators  will  be-, 
presumed. 
Kramer  r.  Salter,  1  Idaho  R.,  485. 

Cooicners: 

05.  As  used  in  R.  S.  2324,  not  ai^plicable  to  the  several  members  of 

a  corporation. 
Com'r.  (N.)    Feb.  3,  1882.    Grecian  Bend  Lode. 

See  Mines,  c^-c,  (pateuts,)  Xo.  164. 
Corporation: 

GO.  Existing  under  laws  of  California,  deemed  a  citizen,  in  the  sense 
recpiired  by  the  act  of  May  10,  1872,  (for  the  development 
of  mining  resources,  &c.) 
X.  Noonday  Mg.  Co.  v.  Orient  Mg.  Co.,  0  Saw.,  C.  C,  299. 

Construction: 

67.  Act  of  July  22,  1854,  as  to  mining  claims. 

See  'Mines,  <f-c.,  (Mexican  grants,)  No.  125. 

68.  Of  July  23,  1860,  as  to  mineral  lands. 

See  Mines,  ^-c,  (California,)  No.  50. 


DIGEST    OF   DECISIONS.  31 

Construction — Oontinuert. 

69.  Of  Feb.  11,  1875,  as  to  running  tunnel. 

See  Mines,  <J^-c.,  (tunnel,)  No.  239. 

70.  Of  Jan.  22,  1880. 

Circular  of  Jan.  17, 1882,  8  C.  L.  O.,  71. 

71.  Of  April  2G,  1882. 

Circular  of  May  9,  1882,  9  C.  L.  O.,  62. 

72.  Of  July  28,  1882. 

See  Mines,  ifc,  (coal  lands,)  No.  60. 
Of  Revised  Statutes  : 

73.  Section  2320. 

See  Mines,  ^-c,  (lode,)  No.  117. 
Section  2322. 
9  C.  L.  O.,  90. 
Section  2324. 

See  Mines,  t^-c,  (co-owners,)  No.  65. 
Section  2325. 

"Nearest  the  claim";  amended  by  act  of  May  22, 1880;  9  0» 
L.  O.,  113  and  164. 

See  Mines,  <fc.,  (expenditures,)  No.  87. 
Section  2326. 

Amended  April  26,  1882 ;  9  C.  L.  O.,  52  and  55. 
Section  2329. 

See  Mines,  ^-c,  (ijlacer  claim,)  No.  175. 
Section  2332. 

8  C.  L.  O.,  132. 
Section  2333. 

Com'r.     Jan.  13,  1882.     Ala.  Quartz  Mine  v.  Omega  Gravel 

Mine. 
Section  2337. 

9  C.  L.  O.,  90. 
Section  2347. 

See  Mines,  ^-c,  (coal  lands,)  No.  59. 
Section  2386. 
9  C.  L.  O.,  90.     * 
Section  2392. 
Id. 
Decree  of  court  : 

74.  In  favor  of  adverse  claimant,  does  not  authorize  issuance  of 

patent,  without  ])ublicati()n  and  posting,  for  jiorlion  of  his 
claim  not  in  contiict  or  subject  of  the  award. 
Com'r.  (N.)     Dec.  10,  1880.     D.  J.  McLaughlin. 

Deputy  surveyors : 

75.  Rule  of  i)ractice  indorsed,  preventing  them  from  acting  as 

attorneys. 
Sec'y.  June'3,  1882.     y.:u\]i€toJ. 

76.  The  bond  of,  is  given  to  protect  the  Government.     Congress 

has  ])rovided  no  way  for  protection  of  mineral  claimants 
bv  reason  of  their  negligence. 
Com'r.  (N.)     Aug.  4,  1881.     Albert  Johnson. 


32  DIGEST    OF    DECISIONS. 

Deputy  surveyors — ('oiitiiinod. 

77.  Shall,  at   cxponso  of  claimants,  make  iiill  exaiiiination  of  all 
l)lacor  claims.  an<l  report  as  t()i)roximity  of  centers  of  trade, 
resi<lenee,  imlividual  lodes  and  systems  of  lodes,  and  adapt- 
ability of  claim  to  [)laeer  mining. 
Circular  (N.)     Sept.  22,  1882,  9  C.  L.  O.,  130. 

I>i.srorery  shaft : 

7S.  TaJuMi  as  center  of  the  claim,  in  absence  of  improvements. 
Com'r.  (N.)    Jan.  12,  1881.     Albert  Johnson. 

jyiimpiuf!  ground: 

70.  l\i.ulit  to  make  homestead  entry  is  not  impaired  because  the 
land  subsecpient  to  the  date  of  original  entry  proves  valu- 
able for. 
Com*r.  (X.)     Xov.  o,  1882.     Atilio  Lombardi. 

End  lines: 

80.  Each  end  of  the  lotte  must  be  bounded  by  the  end  lines  of  the 

claim. 
Com'r.  (X.)     Jan.  12,  1881.     Albert  Johnson. 
Seo  Mines,  <^c.,  (surveyor  general,)  No.  ^29. 
Evidence : 

81.  That  a  mill  site,  abutting  a  known  lode,  is  mineral  land,  can- 

not be  overcome  by  the  usual  non-mineral  affidavit. 
Sec'y.  Dec.  23,  1880.     Big  Muddy  mill  site. 

82.  Papers  in  a  case  may  be  returned  to  the  R.  and  R.  to  be  pro- 

duced in  court  for. 
Sec'y.  May  20,  1881.     Moflat  v.  Compromise  Lode  claimants. 

83.  Presumption  is  in  favor,  after  entry,  of  the  recognition  of  the 

requisite  antecedent  facts,  and  the  regularity  of  proceed- 
ings. 
Sec'y.  Aug.  4,  1882.     Louisville  Lode  case,  9  C.  L.  O.,  113. 

84.  In  absence  of  i^roof  to  the  contrary  it  will  be  presumed  that 

suit  on  adverse  claim  was  begun  in  time, 
Sec'y.  Oct.  12,  1882.     Temple  et  al.  v.  Doolittle  ct  al. 
■   See  Mines,  cfc,  (cliaracter  of  land,)  No.  5o  ;  (protestant,)  No.  193. 
Expenditures : 

85.  All  improvements,  as  roadways,  &c.,  used  in  connection  with, 

and  essential  to  the  practical  development  of  the  mining 
claim,  included  in  the  estimate  of. 
Com'r.  (N.)    Dec.  24,  1880.     Surveyor  gen'l,  7  C.  L.  O.,  179. 

80.  Where  not  made  as  required  upon  a  mining  claim  located  by 
several  persons  jointly,  it  may  be  relocated  by  any  one  of 
said  locators,  but  he  cannot  credit  himself  with  expendi- 
tures made  under  the  original  location. 
Com'r.  (N.)  Mar.  15,  1881.  Max  Boehmer,  8  C.  L.  O.,  3,  and 
C.  M.  L.,  (2  ed.,)  300. 

87.  Certificate  of  the  surveyor  general  that  $500  worth  of  labor  has 
been  ex])ended,  required  by  R.  S.  2325  to  be  filed  within 
the  sixty  days  of  publication,  except  in  face  of  an  adverse 
claim  or  protest  alleging  an  adverse  right,  may  be  filed 
nunc  pro  tunc. 
Acting  Com'r.  (X.)     Feb.  11,  1881.     C.  Reed. 

See  Mines,  <fc.,  (placer  claim,)  No.  177. 


DIGEST    OF   DECISIONS.  33 

Ecependitures — Continued. 

88.  Incurred  in  work  tending  and  necessary  to  the  actual  process 

of  development  of,  should  be  regarded  as  labor  on  the 
claim,  as  conducting  water  thereon  to  work  the  property. 
Com'r.  (N.)    Mar.  31, 1882.     J.  H.  Tevis. 

89.  Required,  annual;   must  be  made  on  each  "claim  located." 

When  claims  are  worked  together  the  system  adoiited  must 
tend,  and  be  in  pursuance  of  a  plan,  to  develop  each  and 
every  claim. 
Com'r.  (N.)     July  19, 1882.     Aug.  Joerso. 

90.  Expenses  incurred  in  traveling  to,  locating,  and  recording  a 

mine  cannot  be  taken  into  consideration  in  estimating 
annual  expenditures. 
Acting  Com'r.  (N.)    Aug.  22,  1882.     J.  M.  Crawford,  9  C.  L.  O., 
130. 

91.  Must  be  done  annually,  by  the  calendar  year,  from  Jan.  1  of 

each  year. 
Com'r.  (K.)    Jan.  17,  1881.     Circular,  8  C.  L.  O.,  71. 
Gypsum : 

92.  Under  all  authorities  is  a  mineral,  and  where  the  land  is  more 

valuable  on  account  of  it  than  for  agriculture,  it  should  be 
treated  as  coming  under  the  mineral  laws. 
Sec'y.  Oct.  8,  1881.     VV.  H.  Hooper,  8  C.  L.  O.,  120;  C.  M.  L., 
(2  ed.,)  309. 
Hearings : 

93.  To  determine  character  of  land,  authorized  to  be  held  before  a 

qualified  officer  nearest  the  land  in  dispute. 
Com'r.  (X.)     Dec.  17,  1880.     Circular,  9  C.  L.  O.,  164. 

Improvements : 

94.  As  used  in  E.  S.  2324,  relate  wholly  to  the  expenditures  for  the 

actual  development  of  the  claim. 
Com'r.  (N.)     Feb.  28, 1881.     F.  A.  Barker. 
See  Mines,  ^c,  (expenditures,)  No.  85. 

Judgment  of  court: 

95.  Patent  must  follow.     Land  Dep't  cannot  look  behind  it. 
Sec'y.  July  21, 1882.    Thos.  Taylor,  9  C.  L.  O.,  92. 

Labor : 

See  Mines,  <f-c.,  (annual  labor,)  No.  28,  ct  seq.;  (placer  claim,)  No.  177. 
Lime  : 

96.  Lands  more  valuable  for,  than  for  agriculture,  can  be  sold  only 

under  the  mining  laws. 
Com'r.  (K.)     Mar.  4,  1882.     Josiah  Gentry,  9  C.  L.  O.,  5. 

Limestone : 

97.  Lands  in  California  containing,  useless  for  agriculture,  can  only 

be  purchased  imder  tlie  timber  and  stone  act  of  June  3, 
1878. 
Com'r.  Aug.  5,  1880.     Elias  Jacob,  7  C.  L.  O.,  83. 

Local  luws  : 

98.  Relating  to  mines,  &c.,  arc  oilective  when  not  in  conflict  with 

laws  of  the  United  States. 
Wolfley  et  al.  v.  Lebanon  M'g  Co.,  4  Colo.  11.,  112. 
H.  Mis.  45,  pt.  1 3 


34  DIGEST    or    DIXISIONS. 

Location  {of  mine): 

90.  Its  tlu'  act  of  ai)i)r»)i)iiatii)j;'  a  parcel  of  land  containiug  precious 
luelals  in  its  soil  or  rock,  according  to  certain  established 
rules. 
Smelting  Co.  v.  Kemp,  101  S.  C,  G3G. 

100.  Must  be  marked  on  the  ground  so  that  its  boundaries  can  bo 

readily  traced. 
N.  Noonday  M'g  Co.   v.  Orient  M'g  Co.,  6  Saw.,  C.  C,  290; 
i\Ivers  ct  al.  v.  Spooner  et  a?.,  55  Cal.  R.,  257  ;  Gleason  v. 
N.'  White  M'g  Co.,  13  Nev.  R.,  443;  Southern  Cross  G.  & 
S.  Wg  Co.  V.  Europa  M'g  Co.,  15  id.,  383. 

101.  On  Indian  lands,  prior  to  treaty  bringing  them  to  the  condition 

of  ])ublic  lands,  invalid. 
Sec'y.  Dec.  10,  1881.     Town  site  of  Deadwood,  8  C.  L.  O.,  153; 
C.  M.  L.,  (2  ed.,)  324. 

102.  Of  mill  site  does  not  operate  as  an  appropriation  thereof  so  as 

to  reserve  it  from  town-site  location. 
Sec'y.  July  6,  1882.    Eico  Town-site  case,  9  C.  L.  O.,  90. 
102a.  Of  a  lode  as  placer,  and  r/ce  versa,  invalid. 
Com'r.  (N.)    June  20,  1882.    Chas.  S.  Wilson. 

103.  Notice  of,  calling  for  stone  monuments  at  each  corner  of  claim, 

and  describing  it  as  bounded  by  four  other  well-known 
claims,  is  sufficient  notice. 
Southern  Cross  G.  &  S.  M'g  Co.  v.  Europa  M'g  Co.,  15  Nev.  R., 
383. 

104.  The  notice  required  by  statute  is  in  fact  a  summons  to  adverse 

claimants. 
Wolliey  et  al.  v.  Lebanon  M'g  Co.,  4  Colo.  E.,  112. 

105.  Failure  to  make  oath  to  notice  when  required  by  Territorial 

laws  is,  so  far  as  it  aflects  the  record,  a  question  for  the 
courts. 
Com'r.  (N.)     July  15,  1882.     W.  B.  Mumbrue. 

106.  Land  left  in  a  40-acre  tract,  in  fractional  lots,  by  an  intersecting 

survey,  may  be  embraced  in  one  location.     How  described. 
Com'r.  (N.')     July  28,  1882.     Geo.  B.  Foote,  9  C.  L.  O.,  113. 

107.  Certificate  of  a  probate  judge,  under  the  statute  as  to  location, 

is  not  conclusive  evidence  of  compliance  therewith,  as  he 
acts  in  a  ministerial  capacity. 
Zeckendorf  V.  Hutchinson,  1  N.  M.  E.,  476. 

See  Mines,  ^c,  (lode  or  Aein,)  Nos.  Ill,  112,116,  117,  123;  (relocation,) 
No.  204;  (town  site,)  No.  2{]6. 

Locator : 

108.  Of  a  quartz  mine,  who  has  i)erformed  all  the  acts  required  by 

law,  except  the  labor,  the  year  not  having  expired,  one 
attempting  to  take  possession  against  him  is  a  trespasser. 
Atkins  V.  Hendree,  1  Idaho  E.,  95. 

Ledge: 

See  Mines,  ^c,  (lode  or  vein,)  Nos.  109,  et  seq. 

Lode  or  vein: 

109.  A  seam  or  fissure  in  the  earth's  crust,  filled  with  quartz  or 
other  rock,  carrying  gold,  silver,  or  other  valuable  min- 
eral. 


DIGEST    OF   DECISIONS.  35 

Lode  or  vein — Continued. 

N.  Noonday  M'g  Co.  v.  Orient  Wg  Co.,  6  Saw.,  C.  C,  299; 
Stevens  v.  Williams,  1  McCra.,  C.  C,  480. 

110.  A  broad,  metalliferous  zone,  though  having  in  it  true  fissure 

veins  plainly  bounded,  cannot  be  regarded  as  a  single  vein 
or  lode. 
Mt.  Diablo  M.  &  M.  Co.  v.  Callison,  5  Saw.,  C.  C,  439. 

111.  No  rights  in,  can  be  acquired  by  location  before  discovery; 

but  location  is  made  valid  by  subsequent  discovery  by  lo- 
cator, before  valid  rights  are  acquired  by  others. 
N.  Noonday  M'g  Co.  v.  Orient  Wg  Co.,  6  Saw.,  C.  C,  299. 

112.  Width  of,  where  not  specified  in  location  of  length,  extends  to 

100  feet  on  each  side  of  ledge  as  located. 
Mt.  Diablo  M.  &  M.  (3o.  v.  Callison,  5  Saw.,  C.  C,  439. 

113.  Width  of,   notice  of   location  claiming  "all   the  privileges 

granted  by  the  laws  of  the  district,"  is  sufficient  claim 
of  100  feet  on  each  side  allowed  by  the  mining  laws. 
Id. 

114.  Top  or  apex  of,  is  the  highest  point  where  it  approaches  near- 

est to  the  earth's  surface. 
Stevens  v.  Williams,  1  MeCra.,  C.  C,  480. 

115.  Where  apex  is  within  the  surface  boundaries,  the  claimant 

may  follow  the  vein,  in  its  downward  dip,  beyond  his  ver- 
tical side  lines,  &c. 
Id.,  and  Wolfley  v.  Lebanon  M'g  Co.,  4  Colo.  K,  112. 

116.  The  right  to  follow  the  dip  of,  outside  of  the  side  lines  of  a 

claim,  is  one  which  attaches  and  is  incident  to  the  location 
thereof,  and  not  to  the  patent  itself.   Patent  simply  changes 
possessory  title  into  fee. 
Com'r.  (N.)     Sept.  12,  1881.     Eureka  M'g  Co.  v.  Pioneer  Cons. 
M'g  Co.,  8  C.  L.  O.,  lOG. 

117.  Unless  metalliferous  or  valuable,  because  carrying  the  miner- 

als named  in  K.  S,  2320,  the  location  should  be  made  under 
E.  S.  2329  as  a  placer,  and  controlled  thereby. 
Com'r.  (N.)     Nov.  23,  1882.     Dodd's  Placer. 

118.  Can  bo  properly  assumed  by  surveyor  general  from  the  returns 

of  the  survey  aiul  report  of  the  deputy,  to  follow  a  certain 
direction. 
Com'r.  (N.)    Oct.  3, 1881.    Eoswell  Mason,  8  C.  L.  O.,  104;  C.  M. 
L.,  (2ed.,)304. 

119.  Tlte  lode  is  the  principal  thing,  and  the  surface  ground  inci- 

dent thereto. 
Wolfley  V.  Lebanon  M'g  Co.,  4  Colo.,  112. 

120.  In  tunnel,  right  to  is  dependent  upon  discovery  of  the  lode  ia 

the  tunnel. 
Corning  Tunnel,  &c.,  Co.  v.  Pell  et  al.,  4  Colo,  li.,  o07. 

121.  Where  discovered  in  a  tunnel  or  drift  along  a  vein  i)reviously 

located,  and  all  the  surface  ground  covering  its  apex  is  em- 
braced in  other  locations  across  its  strike,  it  may  be  located, 
how. 
Com'r.  (N.)     Mar.  10,  1882.     Franc  D.  Wood. 

122.  Width  of,  under  act  May  10, 1872,  may  be  limited  to  25  feet  on 

each  side. 
N.  Noonday  M'^  Co.  r.  Orient  M'g  Co.,  6  Saw.,  C.  C,  299. 


36  DIGEST    OF    DECISIONS. 

Mjode  or  vein — ("oiitimiod. 

123.  Kifjht  to,  is  oontrollod  by  location  of  the  surface  linos, 
Woltlov  V.  lA'bauon  M'g  Co.,  4  Colo.  11.,  112;  Jobusou  i'.  Buell, 

id.]  557. 

124.  Eacb   end   of,  must  be   bounded   by  the  cud  lines  of  the 

claim. 
Com'r.  (N.)     Dec.  21,  1880.     Albert  Johnson. 
See  Mines,  tfr.,  (placer  claim,)  Nos.  175,  17(>. 

Mexican  or  Spanish  grant: 

125.   Act  of  July  22, 1854,  prevents  the  recognition  of  a  mining  claim, 
on  land  within  the  limits  of  a  claimed  Mexican  or  Spanish 
grant,  until  the  final  action  of  Congress. 
Com'r.  (X.)     Feb.  16,  1882.    D.  P.  Fairley. 

JMiUtary  reservation: 

120.   Claimant  under  the  mining  laws  cannot  be  divested  of  his  pos- 
sessory right  hy  including  the  land  in  a  subsequent  mili- 
tarv  reservation. 
Att'y  Gen'l.  Oct.  21,  1881.    Fort  Maginnis,  8  C.  L.  O.,  137. 

3lill  site: 

127.  Abutment  of,  upon  the  end  of  a  known  mineral-lode  claim  is 

evidence  that  the  laud  is  mineral,  but  not  conclusive.     It 
cannot,  however,  be  overcome  by  the  usual  non-mineral 
affidavit. 
Sec'y.  Dec.  23,  1880.     Big  Muddy  Mill  Site. 

128.  Claim,  partly  or  wholly'  embraced  in  an  application  for  patent 

for  a  mine,  can  be  protected  only  by  an  adverse  claim  filed 
in  the  usual  manner  and  time. 
Sec'v.  ]May  16,  1882.    Warren  Mill  Site  v.  Copper  Prince  Mine, 
9  C.  L.  O.,  71. 

129.  The  location  of,  upon  the  public  land  does  not  operate  as  an 

appropriation  thereof  so  as  to  reserve  it  from  town-site 
location. 
Sec'y.  July  6,  1882.     Eico  Town-site  case,  9  C.  L.  O.,  90. 

130.  Application  for,  has  the  same  effect  as  to  withdraw^al  and  ap- 

propriation of  the  tract  as  that  for  a  mining  claim.     Yet 
the  character  of  the  land  can  be  inquired  into  at  any  stage 
of  the  proceedings. 
Com'r.  (X.)    Julv  24, 1882.    De  Soto  Mine  v.  Wide  West  Mill 
Site. 

131.  Patent  for,  not  authorized  to  be  issued  except  in  connection 

with  a  vein  or  lode  claim,  or  the  claimant  is  owner  of  a 
quartz  mill  or  reduction  works. 
Com'r.  (X.)     July  25,  1882.     Wm.  A.  Maguire. 

132.  As  a  condition  precedent  to  issuance  of  patent  for,  the  appli- 

cant must  show  the  ownership  of  a  lode  in  connection  there- 
with, or  of  a  quartz  mill  or  reduction  works. 
Com'r.  (N.)     July  19, 1882.     Aug.  Joerso. 

133.  Where  application  for,  held  in  connection  with  a  lode,  is  made 

after  issuance  of  patent  for  the  lode,  it  must  conform  to  the 
requirements  as  when  application  is  made  by  the  owner  of 
a  quartz  mill  or  reduction  works. 
Com'r.  (X.)     July  28,  1882.     H.  W.  Eeed. 
See  Mines,  ^-c,  (annual  labor,)  No.  26;  (patent,)  No.  IQD. 


DIGEST   OP   DECISIONS.  3? 

Mineral  entry : 

134.  Eegularly  allowed,  ou  dismissal  of  suit  on  adverse  claim,  prop- 

erly canceled  ou  reinstatement  of  suit  per  order  of  court. 
Sec'y.  April  30,  1881.     Marshal  Sil.  Wg  Co. 

135.  For  mining  claim  in  Utah  may  be  made  in  the  name  of  an  ad.- 

miuistrator. 
Sec'y.  May  5,  1882.     "Bentou  Mine." 

136.  The  presumption  is  in  favor  of  the  recognition  of  the  requisite 

antecedent  facts  and  the  regularity  of  proceedings  after.. 
Sec'y.  Au;^-.  4,  1882.    Louisville  Lode  case,  9  0.  L.  O.,  113. 

137.  Where  allowed  upon  certificate  that  no  suit  was  pending,  and' 

the  judgment  in  applicant's  favor  was  set  aside  and  the 
clerk  directed  to  recall  said  certificate,  was  properly  can- 
celed upon  the  filing  of  a  certificate  of  the  pendency  oS" 
suit. 
Sec'y.  Nov.  IG,  1882.    lola  Lode. 

138.  Cannot  stand  under  proceedings  based  on  a  false  survey  and 

publication. 
Sec'y.  April  11,  1882.    Gustavus  Hagland,  9  C.  L.  O.,  55. 

139.  Certificate  of,  may  issue  to  a  grantee  of  the  applicant  withoute 

special  instructions. 
Acting  Com'r.  (JST.)     Aug.  21,  1882.     Goodwin  Lode  ef  al. 

140.  Land  embraced  by  homestead  entry  not  subject  to. 
Com'r.  (N.)     May  25,  1882.     Kane  Placer. 

Mineral  lands: 

141    May  be  embraced  in  a  reservation  of  land  made  by  the  Presi- 
dent for  public  uses. 
Attorney  Gen'l.  Oct.  21,  1881.     Fort  Magiunis,  8  C.  L.  O.,  137. 

See  Mines,  ifc,  (_coal  lands,)  No.  62;  (reservation,)  No.  208. 
Mineral  springs : 

142.  Land  containing  the  same,  not  of  a  saline  character,  are  sub- 

ject to  sale  under  general  laws  and  not  under  the  acts 
relating  to  the  sale  of  mineral  lands. 
Sec'y.  Dec.  4,  1882.     Pagosa  Springs  case. 

Minerals : 

143.  Whatever  is  recognized  as  mineral  by  the  standard  authorities'^ 

where  the  same  occurs  in  quantity  and  quality  to  render 
the  land  containing  it  njore  valuable  on  its  account  thaii 
for  agricultural  purposes,  is  mineral  within  the  meaning  of 
the  mining  laws.  (Applied  to  gypsum  and  limestone.) 
Sec'y.  Oct.  8,  1881.  W.  U.  Hooper,  8  C.  L.  O.,  120;  C.  M  L.^ 
(2  ed.,)  309. 

144.  By  "lands  valuable  for,"  in  If.  S.  2318,  is  meant  lands  which. 

it  will  i^ay  to  mine  by  the  usual  modes  of  mining. 
Sec'y.  Dec.  19,  1881.    Town  site  of  Deadwood,  C.  L.  O.,  133  j^ 
C.  M.  L.,  (2  ed.,)  324. 

See  Mines,  ^c,  (iisplialtiiin,  f;;yi)8imi,  liiiio,  limestone,  petrolouni,  rocli  Halt.)' 

Mining  claims : 

145.  Is  the  term  used  to  designate  a  jiortion  of  public  mineral  land 

taken  up  and  held  under  mining  laws,  local  and  statutory^ 
Mt.  Diablo  M'g  Co.  v.  Calli.son,  5  Saw.,  C.  C,  439. 


38  DIGEST    OF    DECISIONS. 

Miniug  claims — Continued. 

IIG.  A  I'iti/ou  only  can  locate,  iiiuler  act  of  May  10,  1872. 

N.  Noonday  M'g  Co.  v.  Orient  M's  Co.,  G  Saw.,  C.  C,  299. 

147.  The  occupant  of  ]mblic  land  as  niinmj;-  ground  has  no  right  to 

cut  timber  thereon  except  such  as  i>s  necessary  to  the  min- 
ing work. 
U.  S.  v.  Nelson,  5  Saw.,  C.  C,  GS. 

148.  If  locator  fail  to  perform  the  $100  woith  of  work  required  by 

law  in  each  year,  the  claim  may  be  relocated  by  others; 
but  if  original  locator  resume  work  before  such  relocation, 
bis  claim  becomes  reinstated. 
N.  Noonday  M'g  Co.  v.  Orient  M'g  Co.,  G  Saw.,  C.  C,  299 ;  Smelt- 
ing Co.  V.  Kemp,  104  S.  C,  63G;  Belk  v.  Meagher,  3  Mon. 
E.,  Go. 

149.  Sale  of,  before  perfecting  title  by  performance,  as  required  by 

R.  S.  2324,  can  only  be  made  valid  by  the  purchaser  by 
complying  with  the  requirements  of  said  section  within  a 
year  from  the  original  location. 
Zeckendorf  v.  Hutchinson,  1  N.  M.  R.,  476. 

See  Mines,  cj-c,  (abandonment,)  No.  5;  (administrator,)  No.  6;  (Mexican 
and  Spanish  grants,)  No.  I'c5;  (tunnel,)  No.  23d. 

Mining  rules : 

150.  Do  not  acquire  validity  by  mere  enactment,  but  from  the  cus- 

tom and  acquiescence  of  miners. 
N.  Noonday  M'g  Co.  v.  Orient  M'g  Co.,  G  Saw.,  C.  C,  299. 

151.  Compliance  with,  is  essential  to  validity  of  claim. 
Myers  et  at.  v.  Spooner  et  al,  55  Cal.  R.,  257. 

"NEAREST  THE  CLAIM." 
See  Mines,  <^-c.,  (publication,)  Nos.  195,  199. 

NEWSPAPER. 
See  Mines,  ^c,  (publication,)  No.  198. 

Non-mineral  affidavit : 

152.  Not  sufficient  to  overcome  the  presumption  of  the  mineral  char- 

acter of  a  mill  site,  abutting  a  known  lode  claim. 
Sec'y.  Dec.  3,  1880.    Big  Muddy  Mill  Site. 

Notice: 

153.  Where  omissions  in,  are  not  fraudulent,  with  intent  to  deceive, 

and  no  one  is  misled  thereby,  they  are  no  objection  to  the 

issuance  of  patent. 
Sec'y.  Aug.  4, 1882.     Louisville  Lode  Co.,  9  C.  L.  O.,  113. 
164.  Not  required  to  be  given  to  rail  r'd  co.  of  an  application  for  a 

mineral  claim  within  the  limits  of  its  grant. 
Act'g  Com'r.  (N.)     Oct.  25,  1882.     Johnson  v.  C.  P.  R.  R.  Co. 

155.  Posting  of,  on  a  portion  of  the  claim  as  located,  but  excluded 

from  application  of,  a  substantial  compliance  with  law,  if 
in  a  conspicuous  place. 
Com'r.  (N.)     Nov.  17,  1882.     Bloomingtou  Lode. 

156.  Posted  inside  of  a  shaft-house,  is  posted  in  a  conspicuous  place. 
Sec'y.  Aug.  4,  1882.    Louisville  Lode  case,  0  C.  L.  O.,  113. 

See  Mines,  t^-c,  (appeal,)  No.  .32  ;  (publication,)  Nos.  194,  195. 


DIGEST    OF    DECISIONS.  39 

Patent : 

157.  Reservation  of  surface  rights  to  town-site  claimants  should  be 

inserted  in  a  mineral  patent. 
Sec'y.  Dec.  18,  1881,  and  Feb.  3, 1881.    Little  Nettie  Lode. 

158.  Clauses  of  mutual  reservation  shall  be  inserted  in  town-site  and 

mineral  land  patents. 
Sec'v.  Mar.  31,  1881,  town  site  Eureka  Springs  v.  Conant  et «?., 
9  C.  L.  O.,  3 ;  July  6,  1882,  Rico  Town- Site  case,  9  C.  L.  O., 
90. 

159.  Before  issuance  of,  for  lode  claims  without  reservation  in  favor 

of  town-site  claimants,  priority  of  occupation  must  be  un- 
disputed. 
Sec'y.  July  11, 1882.    Vi'gin'a  Cons.  M'g  Co.,  9  C.  L.  O.,  92. 

160.  Issued  subsequent  to  the  act  of  July  9,  1870,  may  embrace  a 

placer  claim  consisting  of  more  than  160  acres,  and  include 
as  many  adjoining  locations  as  the  claimant  has  purchased. 
Smelting  Co.  v.  Kemp,  104  S.  C,  636. 

161.  Allowed  to  issue  for  a  mining  claim  embracing  land  conveyed 

by  an  agricultural  patent,  to  assignee  of  the  latter,  with 
clause  of  reservation  of  title  conveyed  by  latter. 
Sec'y.  May  11,  1882.    Wm.  De  Witt,  9  C.  L.  O.,  34. 

162.  No  objection  to  issuance  of  a  mineral,  where  the  omissions  in 

the  notices  are  not  fraudulent  and  no  one  is  misled  thereby. 
Sec'y.  Aug.  4, 1882.     Louisville  Lode  case,  9  C.  L.  O.,  113. 

163.  Not  authorized  by  decree  of  court  in  favor  of  the  adverse  claim- 

ant for  the  portion  of  his  claim  not  in  conflict  nor  subject 
of  the  award,  without  j)uhlication  mid  posting. 
Com'r.  (N.)     Dec.  10,  1880.     D.  J.  McLaughlin. 

164.  Before  issuance  of,  to  one  of  several  co-oicners  of  undivided 

interests,  the  claim  must  be  segregated,  so  as  to  show  appli- 

Com'r.  (N.)    Nov.  2,  1881.     Centennial  No.  2  Lode. 

165.  For  a  placer  conveys  not  only  the  right  to  the  use  of  the  sur- 

face and  to  extract  the  mineral,  but  also  a  fee-simple  title 
to  the  land  descril)e(l. 
Com'r.  (N.)     June  27, 1882.     Town  site  of  Leadville,  9  C.  L.  O., 
71. 

166.  Notwithstanding  provisions  of  R.  S.,  2333,  and  the  exclusion  of 

known  lodes  in  a  placer  ■patent,  when  m  phicer  includes  a 
known  lode,  n(>t  applied  for,  the  legal  title  to  all  land  with- 
in the  boundaries  of  said  placer  claim  passes  from  the 
Government. 
Com'r.  (N.)  Jan.  13,  18S2.  Ala.  Cons.  Quartz  Mine  v.  Omega 
Table  Mt.  Gravel  Sline. 

167.  Before  issuance  of,  an  alien  (-oi'poration  cannot  assert  title  to  a 

mining  claim,  nor  can  i)atent  issue  to  a  trustee  therefor. 
Com'r.  (N.)    June  30,  1882.    Dunderberg  Lode. 

168.  Where  the  seal  of  the  General  Land  Office  is  not  affixed  to, 

though  signed  and  c()unt«',rsigned,  title  does  not  pass  from 
the  (lovernment. 
Com'r.  (N.)     Nov.  25,  1882.     T,  C.  Prcwitt. 


40  DIGEST    OF    DECISIONS. 

Pattnt — (\)iitimu'(l. 

Ki!),  Will  not  issno  for  a  mill  site,  on  an  application  for  a  lode  and 
mill  sit«%  iiomlinj;  controversy  upon  an  adverse  claim  as  to 
the  lode;  except  where  the  same  is  held  independent  of 
l)ossessiou  of  the  lode. 
Coni'r.  (N.)     Feb.  10,  1881.     L.  J.  Laws. 

170.  Revised  Statutes  do  not  authorize  issuance  of  mining  patent  to 

a  foreign  corporation. 
Com'r.  (N.)     Mar.  4,  1882.     John  N.  Goodwin. 

171.  May  issue  for  i)ortion  of  claims. 

Sec'y.  April  11,  1882.     Gustavus  Hagland,  9  C.  L.  O.,  oa. 

172.  In  a  case  litigated  in  court,  must  follow  the  |udgment  of  the 

court,  behind  which  the  Land  Dep't.  cannot  go. 
Sec'y.  July  21,  1882.     Thos.  Taylor,  9  C.  L.  O.,  92. 

See  Mines,  tjc,  (application  for  patent, )  No.  34,  et  8cq. 

Payment : 

173.  For  a  lode  claim  in  a  placer,  must  be  according  to  the  location 

and  survey;  it  being  optional  with  the  locator  whether  he 
shall  restrict  the  surface  width  to  50  feet. 
Com'r.  (N.)    June  17,  1882.    Dull"  Gordon  Placer  and  Lode. 

Petroleum : 

174.  Lands  containing  deposits  of,  are  subject  to  disposal  st'^  i)lacer 

lands. 
Com'r.  (K)    Mar.  31,  1882.    A.  A.  Dewey,  9  C.  L.  O.,  51. 

Placer  claim : 

175.  If  no  lode  is  known  to  exist  within  the  boundary  thereof  at  date 

of  the  application  for  patent  tlierefor,  then  any  portion  of 
a  subsequently  discovered  lode  claim  conflicting  with  the 
placer  claim,  must  be  excepted  from  entry  of  the  lode  claim 
and  from  patent  for  same;  but  if  known,  at  said  date,  to 
exist,  the  lode  claimant  is  entitled  to  the  same,  with  25 
feet  surface  ground  on  each  side  thereof. 
Com'r.  (N.)    July  27,  1881.     Searl  Placer. 

176.  Lodes  discovered  within  the  limits  thereof,  after  application  for 

patent,  are  no  bar  to  issuance  of  patent  as  a])i)lied  for. 
Com'r.  (X.)    Xov.  21,  l."<81.     J.  P.  Sears,  8  C.  L.  ().,  152 ;  C.  M. 
L.,  (2  ed.,)  312. 

177.  Expenditures  of  8500  on,  not  required,  where  an  applicant  bases 

his  right  to  patent  on  the  provision  in  R.  S.,  2332,  relating 
to  statute  of  limitations. 
Id. 

178.  Between  high  and  low  tide  water  mark  in  a  State,  is  not  on 

puhlic  domain  ;  hence  not  subject  to  disposition  under  U. 
S.  mining  laws. 
Com'r.  (N.)    Mar.  4,  1882.     Wm.  E.  Morris,  9  C.  L.  O.,  5. 

179.  Distinctions  between  lode  and. 

Com'r.  (N.)    June  20,  1882.     Chas.  Wilson. 
Com'r.  (N.)    Kov.  23,  1882.     Dodd's  Placer. 

See  Mines,  ^-c,  (application  for  patent,)  Nos.  45,40.47,48;  (patent,)  Nos. 
160. 165. 166. 


DIGEST    OF    DECISIONS.  41 

Plats  and  field  noies: 

180.  Of  surveys  of  miuing  claims,  required  to  disclose  all  conflicts 

with  prior  surveys,  giving  areas  of  all  conflicts. 
In  future,  surveyor  general  will  use  no  coloring  on  plats. 
Com'r.  (N.)    Xov.  16,  1882.     Circular. 

Possession  : 

181.  A  claimant  upon  a  mining  claim,  properly  located,  developing 

the  same  and  keeping  up  the  boundary  stakes,  &c.,  is  iu 
actual  posseesion  of  the  whole  claim. 
N.  Noonday  M'g.  Co.  v.  Orient  M'g.  Co.,  6  Saw.,  C.  C.  299;  same 
V.  same,  id.,  503;  Belk  v.  Meagher,  3  Mon.  R.,  65. 

182.  Of  mining  claim,  in   accordance  with  law  governing  same, 

amounts  to  a  property  capable  of  employment  or  transfer 
and  protection  in  the  courts. 
Com'r.  May  18,  1881.     Sec'y.  to  Com'r.,  Sept.  30,  1882. 

183.  Actual,  is  not  essential  to  validity  of  title  obtained  by  valid  lo- 

cation ;  and  nntil  location  is  terminated  by  abandonment 
or  forfeiture,  no  property  can  be  acquired  by  adverse  entry. 
Belk  V.  Meagher,  104  S.  C,  279. 

184.  And  development  of  a  lode  is  not  interfered  with  by  the  waiver 

of  a  portion,  though  containing  the  discovery  shaft. 
Sec'y.  April  11,  1882.     Gustavus  Hagland,  9  C.  L.  O.,  55. 

185.  Matters  incident  to  the  right  of,  pertain  to  an  adverse  claim, 

and  not  matter  of  j)rotest. 
Sec'y.  June  8,  1882.     Seymour  v.  Wood  et  al. 

186.  Of  a  mining  claim  may  be  protected  in  the  courts.    If  trespass, 

as  in  cutting  timber  therefrom,  be  attempted,  it  is  the  duty 
of  the  locator,  and  not  the  Government,  to  protect  his  pos- 
session. 
Sec'y.  Sept.  30,  1882.    Lewis  Smith  et  al,  9  C.  L.  O.,  146. 

Possessory  right: 

187.  Under  the  mining  laws,  is,  so  long  as  maintained,  an  appropria- 

tion of  the  land. 
Att'y  General,  Oct.  21,  1881.     Fort  Maginnis,  8  C.  L.  O.,  137; 
C.  M.  L.,  (2  ed.,)  310. 
Priority : 

See  Mines,  tfc,  (.a])pliciitiou  for  pateut,)  Nos.  36,  40;  (patent,)  No.  159; 
(survey,)  No.  218;  (towu  site,)  No.  230. 
Protest : 

189.  Sufficient  allegations  of  non-compliance  with  law  should  be  in- 

vestigated. 
Sec'y.  Dec.  12,  1881.    Bodie  Tunnel  and  M'g  Co.  v.  Bechtel 
Cons.  M'g  Co.  et  al,  8  C.  L.  O.,  173,  and  C.  M.  L.,  (2  ed.,)  318. 

190.  Matters  incident  to  the  right  of  possession  pertain  to  an  ad- 

verse claim,  and  not  matter  of. 
Sec'y.  June  8,  1882.     Seymour  v.  Wood  et  al 

191.  Need  not  be  transmitted  through  the  local  officers. 
Acting  Com'r.  (N.)     June  3,  1881.     North  Pole  Lode. 

Protestant : 

192.  Not  entitled  to  an  appeal,  but  is  to  certification  of  the  case  to 

the  Secretary. 

See  Mines,  <^c.,  (ui)peal,)  No.  33, 


42  DIGEST    OK    DECISIONS. 

Protestant — Coutinued. 

193.  Bnrdoii  of  ])roof  rests  with.     They  should  show  location,  title, 

and  coiiipliaiice  with  law,  as  regards  both  lode  and  mill 
site,  as  required  in  a  court  of  justice  to  establish  such 
claim. 
Sec'y.  July  6,  1882.    Rico  Town-Site  case,  9  C.  L.  O.,  90. 
Posting: 

See  Mines,  tfr.,  (notice,)  Nos.  155,156. 

Publication: 

194.  An  order  for,  in  a  weekly  newspaper,  not  complied  with  by 

publication  part  of  the  time  in  a  weekly  and  part  in  daily. 
Such  a  notice  defective. 
Sec'y.  Jan.  18,  1882.     Silver  Cliff  Wg  Co.  v.  Muchlich  et  al. 

195.  Register  may  exercise  judgment  whether  publication  in  the 

paper  nearest  the  claim  will  effect  the  object  of  itj  if  not, 
may  designate  another. 
Sec'y.  March  22,  1882.    Tomay  v.  Stewart. 

196.  No  part  of  an  entry  can  stand  under  proceedings  based  upon  a 

false  survey  and. 
Sec'y.  April  11,  1882.    Gustavus  Hagland,  9  C.  L.  O.,  55. 

197.  Where,  during  the  period  of,  the  local  office  is  closed  for  a  brief 

time,  that  time  is  not  computed  as  a  part  of  the  sixty  days 
required  under  the  mining  laws. 
Sec'v.  Ai)ril  11,  1882.    Tilden  et  al.  v.  Intervener  M'g  Co.,  9  C. 
L.  O.,  93. 

198.  A  ^^  reputable  neic'ipaper''''  may  be  defined  as  one  published  for 

the  dissemination  of  general  news,  and  having  sufficient 
patronage  or  business  to  warrant  its  continuance.  By 
^'general  circulation^^  is  meant  a  general  circulation  in  the 
vicinity  of  the  place  of  publication,  and  such  as  is  essen- 
tial to  the  maintenance  of  a  reputable  newspaper. 
Com'r.  (N.)     Jan.  25,  1882.     Silver  Plume  Coloradoan. 

199.  "Nearest  the  claim,"  as  used  in  R.  S.  2325,  referring  to  publi- 

cation of  notice,  means  by  the  usual  traveled  routes,  not 
by  air-line  measurement. 
Com'r.  (N.)    May  11,  1882.    La  Salle  Lode. 

See  Mines,  <f-c.,  (decree  of  court,)  No.  74. 
Receiver : 

200.  When  directed  by  the  Com'r,  where  register  was  suspended, 

to  take  charge  of  the  office,  his  acts  were  those  of  an  officer 
de  facto,  acting  colore  officii,  and  valid  as  to  the  public  and 
third  parties  having  an  interest  therein. 
Acting  Sec'y.  Aug.  18,  1882.     De  Long  v.  Hine,  9  C.  L.  O.,  114. 
Record : 

201.  Of  notice  of  claim;  mistake  by  omitting  one  of  the  lines; 

claimant  is  not  bound  by  the  mistake  of  the  recorder,  the 
claim  being  plainly  marked  on  the  ground. 
Myers  et  al.  v.  Spooner  et  al,  55  Cal.  R.,  267. 
Res  judicata : 

202.  The  plea  of,  is  good  if  it  appear  that  the  question,  though  be- 

tween different  parties,  was  adjudicated,  or  could  have 
been  under  the  issues. 
Sec'y.  Dec.  14,  1882.     Pagosa  Springs  case. 


DIGEST    OF    DECISIONS.  43 

Relocation : 

203.  Is  an  abaudonment  of  all  the  prior  location  not  embraced 

therein. 
Com'r.  (N.)     Dec.  17,  1880.     C.  D.  Henry. 

204.  Mining  claims,  located  by  several  persons  jointly,  upon  which 

required  expenditures  are  not  made,  may  be  relocated  by 
any  one  of  said  locators ;  but  he  cannot  credit  himself  with 
expenditures  made  under  original  location. 
Com'r.  (N.)    Mar.  15, 1881.     Max  Boehmer,  8  C.  L.  O.,  3  C.  M. 
L.,  (2d  ed.,)  300. 

2051  Placer  claim  subject  to,  on  failure  to  make  annual  expenditures 
when  required  by  local  laws. 
Com'r.  (K)     Nov.  21,  1881.    J.  P.  Sears,  8  C.  L.  O;,  152:  C. 
M.  L.,  (2d  ed.,)  312. 

See  Mines,  ^c,  (abandonment,)  Nos.  2,  3;  (location,)  No.  101. 

Repayment : 

206.  Of  purchase  money  refused  where  claimant  declines  to  furnish 

a  new  survey  to  which  there  is  no  obstacle. 
Sec'y.  Aug.  7,  1882.     Geo.  Crumpton. 

Reservation : 

207.  Of  title  conveyed  by  agricultural  patent  allowed  to  be  inserted 

in  a  mineral  patent  embracing  same  land  and  issued  to 
assignee  of  the  former. 
Sec'y.  May  11,  1882.    Wm.  De  Witt,  9  0.  L.  O.,  34. 

208.  The  power  of  the  President  to  make  a,  for  public  uses  extends 

to  any  lands  of  the  public  domain,  and  cai)able  of  being 
exercised  with  respect  to  such  lands,  so  long  as  they  re- 
main unapi)ropriated. 
Attorney  General,  Oct.  21,  1881.     Fort  Maginnis,  8  C.  L.  O., 
137,  and  C.  M.  L.,  (2d  ed.,)  310. 

209.  Claimant  cannot  be  divested  of  a  possessory  right  under  the 

mining  laws  by  including  the  land  in  a  subsequent  military. 
Id. 

210.  Mineral  lands  within  the  limits  of  unconfirmed  Spanish  or 

Mexican  grants  in  Arizona,  reported  to  Congress  for  action, 
are  reserved  from  sale  and  from  exi)loration  and  location 
by  mineral  claimants. 
Com'r.  Oct.  6,  1881.    J.  A.  Mandeville,  8  C.  L.  O.,  107,  and  C. 
M.  L.,  (2d  ed.,)  308. 

Resulting  trust  : 

211.  Law  of,  applied  to  an  applicant  who  purchases  a  mining  claim 

with  the  means  of  another. 
Sec'y.  May  IG,  1882.    Diamond  Creek   Gold  and  Silver  M'g 
Co.  V.  Lloyd,  9  C.  L.  O.,  54. 

Revised  Statutes : 

Sundry  sections  of,  construed. 

See  Mines,  ^fc.,  (conslnidion,)  No.  73. 
Roclc  salt : 

212.  Deposits  of,  may  be  patented  under  the  mining  laws. 
Com'r.  (N.)     July  20,  1882.     J.  M.  Megarrigle,  9  C.  L.  O.,  113. 


44  DIGEST    OF    DECISIONS. 

Segregation  : 

St^e  Mines,  tfc,  (patent,)  No.  164. 

Sioux  Indian  lands : 

S»"i"  Mhics,  .fo.,  (location,)  No.  101. 

Subj)cena  duces  tecum : 

213.  ra]>ors  in  a  case  may  be  returned  to  local  officers  for  production 

in  court  by. 
Sec'y,  May  2G,  1881.    Moflat  v.  Compromise  Lode  claimants. 

Surface  gronnd: 

214.  Additional,  cannot  be  granted  for  a  lode  already  patented. 
Com'r.  (N.)    Feb.  7,  1881.     Consol.  Bobtail  M'g  Co.,  9  C.  L.  O., 

113. 

215.  No  adverse  claim  allowed  where  no  conflict  of. 

Com'r.  Sept.  12,  1881.    Eureka  M'g  Co.  v.  Pioneer  Cons.  M'g 
Co.,  8C.  L.  O.,  106. 
See  Mines,  ^-c,  (placer  claim,)  No.  175. 

Surface  line: 

21G.  Agreement  by  adjoining  claimants,  fixing  surface  boundary  line 
between  them,  must  be  construed  as  extending  such  line 
downward,  through  the  dips  of  the  vein  or  lode,  towards 
the  earth's  center. 
Eichmond  M'g  Co.  v.  Eureka  M'g  Co.,  103  S.  C,  839. 

Survey  : 

217.  Of  a  mining  claim  should  be  amended  before  allowance  of  entry 

where  portion  of  a  mining  claim  applied  for  is  relinquished, 
so  a  correct  description  can  be  inserted  in  the  patent. 
Com'r.  (X.)     Oct.  12,  1881.    Molas  Lode. 

218.  Exclusion  from  a  prior,  whether  by  agreement  or  otherwise,  is 

not  conclusive  presumption  of  abandonment,  until  failure 
to  file  adverse  claim. 
Com'r.  (N.)    June  20,   1882.     California  Lode  v.  Lightning 
Striker. 

219.  The  intersecting  of  lines,  and  not  a  private  agreement,  deter- 

mines the  conflict  of  surveys. 

220.  Application  for  a  mining  survey  must  be  declined  where  the 

location  was  not  proi)erlv  marked  and  recorded. 
Com'r.  (N.)    Jan'y  26,  1882.'    Philip  Dephanger,  8  C.  L.  O., 
189,  and  C.  M.  L.,  (2d  ed.,)  330. 

221.  Bearings  and  distances  must  be  given  in  a  survey,  from  the 

respective  survey  corners  to  the  location  corners,  and  the 

same  must  be  shown  on  the  plat. 
Id. 
Xiand  left  in  a  tract,  in  separate  parcels,  by  intersecting  survey, 

how  described  as  one  location. 

See  Mines,  4'C-,  (location,)  No. 

See  Mines,  ^c,  (surveyor  general,)  Nos.  227,228. 

222.  Of  a  mining  claim  should  show  location  of  all  improvements 

of  a  municipal  nature,  as  blocks,  alleys,  &c. 
Sec'y.  Dec.  18,  1880,  and  Feb.  3,  1881.    Little  Nettie  Lode. 


DIGEST    OF   DECISIONS.  45 

Survey — Continued. 

223.  Of  a  mininj?  claim  first  applied  for,  sball  have  priority,  in  all 

its  stages,  in  office  of  survej'or  general,  including  delivery, 
over  any  other  survey  of  same  ground,  or  any  portion 
thereof. 
Sec'y.  Jan.  8,  1881.  Lizzie  Bullock  M'g  claim,  7  C.  L.  0.,  1G3 ; 
C.  M.  L.,  (2d  ed.,)  299  ;  circular  of  March  3, 1881,9  C.  L.  O., 
147. 

224.  Of  adverse  claim,  when  impossible  to  secure,  the    adverse 

claimant  may  show  the  nature,  extent,  and  boundaries  of 
his  claim,  as  nearlj'  as  possible,  from  information  in  his 
reach  ;  and  present  under  oath  his  reasons  for  not  followiug 
the  office  regulations ;  and  submit  whether,  under  the  cir- 
cumstances, the  case  is  not  properly  presented. 
Sec'y.  Feb.  21,  1882.  J.  S.  Wallace,  8  0.  L.  O.,  188 ;  C.  M.  L., 
(2d  ed.,)331. 

225.  Mineral  entry  cannot  stand  under  proceedings  based  on  a  false. 
Sec'y.  Apl.  11,  1882.    Gustavus  Hagland,  9  C.  L.  O.,  55. 

Surveyor  general : 

226.  Eeturns  of,  will  be  sustained,  unless  impeached  by  positive  evi- 

dence. 
Sec'y.  Mar.  9,  1882.     Conant  et   al.  v.  Northcutt,  10  W.  L. 
Eep'r,  189. 

227.  Not  required  to  approve  survey  prior  to  application  for  patent; 

and  should  notify  K.  and  R.  of  a  survey  defective  in  show- 
ing conflict,  inadvertently  approved;  and  they  should  re- 
fuse to  receive  application  thereon. 
Com'r.  (N.)     Dec.  21,  1880.     Albert  Johnson. 

228.  Has  no  authority  to  recall  and  cancel  his  approval  of  a  deliv- 

ered survey  of  a  mining  claim.  When  an  imperfect  survey 
is  inadvertently  a])proved,  claimant  should  be  notified  of 
the  defect  at  earliest  opportunity.  If  claimant  refuses  to 
return  the  same,  his  proceedings  to  obtain  patent  may  be 
dismissed  for  illegality. 
Com'r.  (N.)     July  11,  1881.     Theo.  Wagner. 

229.  Can  properly  assume  from  the  returns  of  the  survey  and  report 

of  the  deputy  that  the  vein  follows  a  certain  direction.  In 
case  of  objection  thereto,  approval  of  the  survey  may  be 
withheld  until  the  course  is  actually  determined  or  admit- 
ted by  claimant  to  lie  in  a  probable  direction.  JJut  he  can- 
not require  that  the  end  lines  shall  make  a  right  or  any 
other  angle  with  its  general  direction.  And  he  has  no 
authority,  in  case  of  an  erroneous  survey,  to  order  an 
amendment  or  resurvey,  without  consulting  the  applicant's 
wishes. 
Com'r.  (N.)  Oct.  3,  1881.  Roswell  Mason,  8  C.  L.  O.,  104;  C 
M.  L.,  (2d  ed.,)  304. 
See  Mines,  tj'c,  (adverse  claiui,)  No.  20. 

Sutro  tunnel  : 

230.  The  grant  therefor  includes  lands  west  of  the  Comstock  Lode, 

to  the  full  extent  of  the  withdrawal  therefor,  notwith- 
standing it  has  not  been  (constructed  w(;st  oi"  said  lode. 
Com'r.  (N.)     May  28, 1881.     Sutro  Tunnel,  8  C.  L.  O.,  54,  and  C. 
M.  L.,  (2d  ed.,)  302. 


4G  DIGEST    OF    DKCISIOXS. 

Sutro  iiiiDul — Contimu'd. 

231.  On  claims  within  the  witlulrnwal  (horofor,  liold  and  located  at 

the  dateoltiie  Sntro  jiiant,  conii)liance  as  to  annual  laboi* 
with  local  and  State  laws  only  required;  not  with  United 
States  laws. 
Id. 

232.  A  protest  that  an  .application  for  patent  embraces  a  vein,  the 

right  of  purchase  to  wliich  has  been  conditionally  granteci 
to  A.  Sutro  and  his  heirs  and  assigns,  is  sufhcieut  to  pro- 
tect such  ri|i,ht.  Unnecessary  to  hie  an  adverse  claim.  A 
hearing  will  be  ordered  thereon. 
Com'r.  (N.)  Nov.  10,  1882.  Sutro  Tunnel  v.  Consolidated  Vir- 
ginia Lode. 

233.  If  tlie  tunnel  has  been  constructed  opposite  the  vein  or  lode  ai>- 

plied  for,  so  that  it  will  not  be  cut  or  developed  by  the  fur- 
ther extension  of  the  tunnel,  or  any  branch  tuiuiel  author- 
ized by  the  act,  then  such  vein  or  lode  should  no  longer  be 
reserved  from  sale.  The  question  should  be  determined 
by  hearing. 
Id. 

Timber : 

234.  On  odd-numbered  sections  of  public  mineral  lands  granted  to 

Central  Pacific  11.  E.  Co.  subsequent  patentee  of  such  lands 
took  no  title  to  the  timber. 
Carr  v.  C.  P.  R.  R.  Co.,  55  Cal.  R.,  192. 

See  Mines,  ^c,  (possession,)  No.  186. 

Title  : 

235.  To  mines,  &c.,  how^  acquired. 
Belk  V.  Meagher,  3  Mon.  R.,  65. 

Town  site 

236.  May  be  located  on  mineral  land.    The  question  of  the  respect- 

ive rights  of  town  site  and  mineral  claimants,  as  well  as  of 
priority  of  occupation,  and  what  is  the  necessary  use  of  sur- 
face, by  the  mi;)eral  claimant,  is  left  to  the  courts. 
Sec'y.  Rico' Town  Site  case,  July  6,  1882,  9  C.  L.  O.,  90. 

237.  When  patented,  the  land  embraced  therein  does  not  belong  ta 

the  United  States,  even  if  the  minerals  do,  and  no  location 
of  a  mining  chiim  can  therefore  be  made. 
Act'g  Com'r.  (N.)     June  28,  1881.     G.  R.  Williams,  9  0.  L.  O.^ 
147. 
See  Mines,  ^c,  (location,)  No.  102;  (mill  site,)  No.  129. 

Tunnel : 

238.  Location  of,  under  the  U.  S.  mining  laws,  is  a  mining  claim,, 

and  can  be  an  adverse  claim. 
Sec'y.  Dec.  12,  1881.    Bodie  Tunnel  M'g  Co,  v.  Bechtel  Cons. 
M'g  Co.  et  al. ,  8  C.  L.  O.,  173,  and  C.  M.  L.,  (2  ed.,)  318. 

239.  The  requirement  of  location  and  notices  of  a  proposed  tunnel 

apply  only  where  blind  lodes  are  sought  to  bo  discovered,, 
and  not  to  tunnels,  under  the  act  of  Feb.  11,  1875,  run  to- 
develop  lodes  already  discovered. 
Com'r.  (N.)     Mav  4,  1881.     Heurv  M.  Hoyt,  8  C.  L.  O.,  71 ;  C. 
M.  L.,  (2  ed.;)  301. 


DIGEST    OF    DECISIONS.  47 

Tunnel — Continued. 

240.  The  right  to  run  a,  through  public  land  is  given  by  implication ; 
no  statute  governing  the  use  of  i^ublic  land  for  construct- 
ing a  mining  tunnel  through  it 5  such  possession  liable  to 
forfeiture  by  non-user. 
Com'r.  (N.)    Feb.  29,  1882.    M.  Hirschman. 

See  Mines,  ^-c,  (lode  or  ledge,)  Nos.  120,  121. 
JJte  country : 

Ten  mile  strip  in. 

See  Mines,  ^c,  (coal  lauds,)  No.  60 
Waiver  ; 

241.  Of  an  adverse  claim,  against  a  second  application  for  a  tract 
for  which  the  adverse  claimant  had  a  pending  application^ 
is  a  waiver  of  no  right  under  his  application. 
Com'r.  (N.)    Iron  Queen  Lode  v.  Codfish  Balls  Lode,  July  14, 
1882. 

Water  rights : 

See  Mines,  ^c-,  (adverse  claim,)  No.  13;  (possession,)  No.  184. 
For  mining,  &c. 

See  Water  rights,  No.  1. 
WorJc : 

See  Mines,  4'C.,  (annual  labor,)  No.  28,  et  seq. 

MINING. 
See  Water  rights.  No.  1. 

MINING  CLAIMS. 

See  Mines,  <fc..  No.  45,  et  seq. ;  (Mexican  and  Spanish  grants,)  No.  125. 
Timier  depredations,  Nos.  15,  16,  17. 

MINING  RULES. 
See  Mines,  ^-c.,  Nos.  150,  151. 

MINNESOTA. 
See  Public  lands.  No.  252. 

MINOES. 

See  Pre-emption,  (citizensliip,)  No.  13. 

Public  lands,  (minor  children,)  Nos.  254,  255. 

MISCONDUCT. 

See  Pre-emption,  (neglect,)  No.  78. 

MISSISSIPPI. 
See  Railroads,  (construction,)  No.  4. 

MISTAKE. 

See  Mines,  ^-c,  (record,)  No.  201. 
Patent,  Nos.  11,  12. 
Pre-emption,  No.  79. 
Private  land  claims,  (investigation,)  No.  37. 

MORTGAGE. 
See  Pre-emption,  (construction,)  No.  20. 


48  DIGEST    OF    DECISIONS. 

NAME. 

Soo  Public  laudi^,  (error,)  No.  16G. 

XA  rURALIZATION. 

See  Prc-tntiption,  (Iiulians,)  No.  75. 
rublic  hinds,  Noa.  'if)?,  '25M. 
lioilroads,  (pre-emption  claimnut,)  No.  45. 

NEBliASKA. 
See  Public  lands,  (Otoe  and  Missouria  Iiid.  Res.,)  No.  270. 

XEGLECT. 
See  Priiaic  land  claivis,  (estoppel,)  No.  27. 

NEW  MEXICO. 

See  7n(f(a?i«,  (Pncl)lo  ludiaus.) 

Private  land  claims,  (Pueblo  Indians,)  Nos.  101,102. 

NE!V  MEXICO  DONATIONS. 
See  Private  land  claims,  No.  41,  et  seq. 

NEWSPAPERS. 

See  Mines,  rf-c,  (publication,)  No.  198. 
Public  lands,  Nos.  259, 260. 

NON-INTERCOURSE  LAW. 
See  Indian  lands,  "No,  4. 

NOTICE. 

See  Desert  lands,  (to  make  proof  and  payments,)  No.  3. 

Mines,  <f-c..  No.  153,  ef  seg. ;  (apiilicationfor  j)atent,)No.  35;  (location,) 

No.  103. 
Prc-enq)tion, 'No.  80;  (entry,)  No.  44;  (bearing,)  No.  69;  (Osage  I.  and 

D.  R.  lands,)  No.  91. 
Public  lands.  No.  261,  et  seq. ;  (bomestead  entry,)  No.  220. 

% 
NOTIFICATION. 

See  Private  land  clai7ns,  (l^e\r  Mexico  donations,)  No.  42;  (Oiogon  dona- 
tions,) Nos.  63,65,67,68. 

OATH. 
See  Mines,  ^-c,  (adverse  claim,)  No.  24. 

OCCUPANCY. 

See  Indian  titles,  Nos.  1,2. 

Private  land  claims,  (Oregon  donations,) No.  77. 

OCCUPANT. 

See  Pre-emption,  Nos.  81, 82. 

OCCUPATION. 

See  Mines,  ^-c,  (coal  lands.)  No.  61. 
Pre-einjdion,  Nos.  83, 84,  ':'£>. 
Railroads,  No.  31. 

OFFERED  LANDS. 

See  Pre-emption,  (private  entry,)  No.  Ill;  (Southern States,) Nos.  147, 148. 
Railroads,  No.  32. 

OREGON. 

See  Swamp  lands,  l^o.^. 


DIGEST   OF   DECISIONS.  49 

OREGON  DONAllONS. 

See  Private  land  claims,  No. 4G,  et  seq.;  (British  subjects,)  No.  13a. 
Bailroads,  No.  33. 

ORPHANS. 

See  Private  land  claims,  (Oregon  donatious,)  Nos.  70, 71,72, 85. 
Public  lands,  (minor  children,)  Nos.  254, 25.5. 

OSAGE  CEDED  LANDS. 

See  Accounis,  (repayment,)  No.  38. 
Railroads,  Nos.  34,  35. 
School  lands,  No.G. 

PARTIES. 
See  Private  land  claims,  (practice,)  No.  100. 

PATENTS. 

1.  Contestant  of  the  right  of  another  to,  must  show  some  right  in 

the  premises  in  himself. 
Aiken  v.  Terry,  C  Saw.,  (3.  C,  79. 

2.  Delivery  of  canceled,  under  the  AfcBride  decision,  directions 

for. 
Com'r.  and  Sec'y.  Feb.  28,  1881,  8  C.  L.  O.,  10. 

3.  Courts  will  not  restrain  issue  of,  by  Land  Department. 

Leitensdorfer  v.  Craig  et  al,  5  Dillon,  C.  C,  419. 

4.  Equitable  rights  under  pre-emption  law,  maintainable  against, 

when  obtained  by  false  testimony  and  imposition,  or  by 
misconstruction  by  patenting  authority. 
Chapman  v.  Quinn,  5G  Cal.  R.,  266. 

5.  Only  deliverable  by  Land  Dep't  to  party  legally  entitled  to  re- 

ceive it. 
Com'r.     Mar.  20,  1882. 

6.  Issued  on  survey  not  approved,  under  R.  S.  2447,  is  void. 

Dalles  City  v.  Missionary  Society  M.  E.  Church  et  al,  6  Saw., 
C.  C,  126. 

7.  Issued  without  authority ;  United  States  may  maintain  bill  in 

equity  to  set  aside. 
U.  S.  V.  Leav.,  Law.  &  Gal.  K.  E.  Co.,  1  McCra.,  C.  C,  610. 

8.  Issued  upon  due  authority,  cannot  be  impeached  collaterally. 

Smelting  Co.  v.  Kemj),  104  S.  C,  636, 

9.  Issued  by  the  United  States  on  confirmed  Mexican  claim,  is 

in  the  nature  of  a  quitclaim,  and,  as  against  the  United 
States,  is  evidence  that  the  validity  of  the  claim  has  been 
established. 
Adam  v.  Korris,  103  S.  C,  591. 

10.  Is  conclusive  only  between  the  parties. 
Id. 

11 .  Issued  on  mistaken  views  or  corrupt  motives,  cannot  be  attacked 

by  aggrieved  party  in  action  at  law.     He  must  resort  to 
equity. 
Smelting  Co.  v.  Kemp,  104  S.  C,  636. 

12.  Issued  on  mistaken  judgineut  by  land  officer,  is  not  a  nullity, 

and  cannot  be  attacked  in  ejectment. 
O'Connor  v.  Frasher,  56  Cal.  K.,  499. 

H.  Mis.  45,  pt.  1 4 


f)0  DIGEST    OF    DECISIONS. 

Patents — Coiitiuued. 

13.  Issued  i>ii  IVaiuluUMit  ;issij;iini('iit ;  under  the  dceisii»ii  in  the 

Meiiride  case,  must  be  delivered  to  i)aleiitee. 
Sec'y.  July  23,  1881.    An.  Anderson  ct  «/.,  8  C.  L.  O.,  1)5. 

14.  Issued  on  two  bounty-land  wariants  to  same  person ;  both  must 

be  satisiied. 
Com'r.     July  l'(>,  1882.     W.  J.  Carlyle,  V  C.  L.  O.,  137. 

15.  Improperly  issued,  must  be  attacked  in  a  i)r()per  judicial  pro- 

ceeding!; aj^ainst  the  i)erson  who  has  ]>rocured  its  issue. 

Leiteusdorl'er  i\  Craig  ct  al,  5  Dillon,  ().  C,  410. 
10.  Lodes  known  to  exist  in  placer  limits,  for  which  patent  is  not 
sought  in  the  placer  ai>plication,  are  excepted  from  the 
placer  i)atent ;  on  regular  proceedings  and  proof  maybe 
patented  as  if  no  patent  had  issued  lor  the  placer  claim. 

Com'r.     Sept.  18,  1880,  7  C.  L.  O.,  100. 

17.  Should  not  issue  to  assignees  except  when  they  are  exi)ressly 

authorized  to  take,  in  their  own  names,  by  statute. 
Com'r.     July  27,  1880,  7  C.  L.  O.,  S3. 

18.  Title  by,  from  United  States  is  title  by  record,  and  delivery  of, 

is  not  necessary. 
U.  S.  v.  Schurz,  102  S.  C,  378;  7  C.  L.  O.,  153. 

19.  When  regularly  executed  and  recorded,  the  ])atentee  is  entitled 

to  tlie  possession. 
Id. 

20.  When  founded  upon  a  superior  Mexican  grant,  the  rights  of 

the  i)atentee  are  not  concluded  by  a  prior  survey  and  ])at- 
ent  to  other  claimants. 
Adam  v.  Norris,  103  S.  C,  591. 

21.  Under  wrongly  issued,  the  patentee  is  trustee  for  the  party 

entitled,  when. 
Aiken  v.  Terry,  0  Saw.,  C.  C,  79. 

See  Land  Department,  (Geueral  Luud  Office, )  No.  16. 
Militarij  bouniij-land  warrants,  No.  7. 
Mines,  ^-c,  No.  157,  et  siq. ;  (application  for,)  No.  34,  et  seq. ;  (mill  sito,) 

Nos.  131,  132,  133. 
Pre-emption,  (heirs,)  No.  71 ;  (pre-emption  right,)  No.  104. 
Private  land  claims,  No.  86,  et  seq. ;  (Oregon  donations,)  Nos.  49,  73,  74. 
Public  lands.  No.  272,  et  seq. 
Ravroads,  No.  38,  et  seq. ;  (suit,)  No.  71. 
Sioux  half  bretd  sci-ip,  No.  2. 

PAYMENT. 

See  Mines,  ^-c.,  No.  173. 

Private  land  claims,  (for  surveys, )  Nos.  93,  94;  (Supreme  Court  scrip,) 
No.  117. 

PERJURY. 
See  Public  lands,  No.  277. 

PERSONAL  RIGHT. 
See  Public  lands,  No.  279. 

PLACER. 

See  Mines,  ^-c,  (location,)  No,  102a  ;  (ai)plieation  for  patent,)  Nos.  45,  46, 
47,  48;  (patent,)  No.  160. 


I 


DIGEST    OF    DECISIONS.  51 

PLACER  CLAIM. 
See  Mines,  ^-c,  No.  175  ct  seq. ;  (relocation,)  No.  205. 

FLANTIXG. 
See  Puhlic  lands,  (timber  culture  entries,)  Nos.  387,  389. 

POLICY  OF  GOVERNMENT. 
See  Indian  lands,  No.  5. 

PORTERFIELD  SCRIP. 

1.  May  be  located  upon  offered  or  niioffered  land,  and  upon  land 

within  the  limits  of  an  incorporated  town. 
Sec'y.  Oct.  2G,  1881,  8  O.  L.  O.,  143. 

2.  Is  locateable  upon  any  surveyed  land  of  the  United  States,  not 

mineral  and  not  legally  appropriated.     A  mere  de  facto  ap- 
propriation does  not  run  against  the  United  States ;  nor 
preclude  the  location  of  said  scrip,  notwithstanding  the 
equities  of  an  adverse  claim. 
Id. 

POSSESSION. 
See  Patent,  No.  19. 

Mexican  and  Spanish  grants.  No.  6. 
Mines,  ^-c,  No.  181,  ct  seq. ;  (tunnel,)  No.  240. 
Pre-emption,  Nos.  95  et  seq. ;  (occupant,)  No.  82. 
PuMic  lands,  Nos.  280,  281,  282. 

':  POSSESSORY  RIGHT. 

'..  See  Mines,  rf-c.  No.  187:  (military  reservation,)  No.  126:    (reservation.) 

No.  209. 
5  Pre-emption,  No.  98. 

I  PRACTICE. 

'  Appeal: 

{  1.  From  decisions  of  the  local  officers  must  be  filed  within  the  time 

j  required  by  the  rules;  or,  to  be  entertained,  if  not  so  filed, 

I  must  set  forth  good  reasons  for  the  delay. 

Acting  Sec'y.  Aug.  7,  1880,  7  C.  L.  O.,  99. 
;,'  2.  From  Com'r's  decision,  cannot  restore  rights  lost  by  failure  to 

1  appeal  from  decision  of  local  otiSce. 

j  Acting  Sec'y.  Nov.  9,  1880.     Clark  v.  Carter,  C.  L.  O.,  130. 

None  lies  from  Board  of  Equitable  Adjudication. 
See  Pre-emption,  (Board  of  Equitable  Adjiulicatiou.) 

Dismissal  of  appeal : 

3.  From  decision  of  E.  &  R.  for  reason  that  notice  was  not  served 
on  opposite  party,  is  erroneous.  The  rules  relating  to 
appeals  from  Com'r  to  Sec'y  do  not  apply  to  apjieals  from 
R.  &  11.     Hirst  V.  Dickson  overruled. 

Sec'y.  Nov.  17,  1882.     Lynch  v.  Merrifield. 

Failure  to  appeal: 

4.  From  decision  of  local  office,  it  becomes  final  as  to  facts;  and 
will  not  be  disturbed  exc(;pt  where  fraud  or  gross  irregu- 
larity is  suggested  on  the  face  of  the  papers ;  or  the  decis- 
ion is  contrary  to  existing  laws  or  reguhitions;  or  in  case 
of  disagreeing  decisions  by  local  officers. 

Act'g.  Sec'y.  Nov.  9,  1880.     Clark  v.  Carter,  7  C.  L.  O.,  130. 
Sec'y  Sept.  29,  1882.    Brown  v.  Jeflersou  and  Shaw. 


JL 


52  DIGEST    OF    DECISIONS. 

Failure  to  appeal — C\»ntimuHl. 

5.  From  decision  of  K.»&  11.  is  ;i  wjiivir  of  any  right  the  party  may 
have  had. 
Sec'y.  Sei)t.  20,  1882.     Brown  v.  Jeflersoii  and  Shaw. 

Jurisdiction : 

C.  Local  land  officers  have,  to  order  a  hearinji'  as  a  new  case,  on 
matter  occurring  after  a  formal  licaring,  no  entry  having 
been  allowed. 
Com'r.    Jan.  20, 1881.    Zachary  v.  Westbrook,  7  C.  L.  O.,  178. 

7.  The  question  of,  should  be  raised  by  objections,  before  a  decision 
is  made  upon  the  merits. 
Id. 

Notice  of  appeal : 

8.  From  decision  of  T?.  and  E.  can  only  be  given  by  publication 

when  the  residence  of  the  party  to  be  served  is  unknown ; 
which  fact  must  be  shown  by  affidavit.     Api)earance  to 
protest  is  not  a  waiver  of  the  laches. 
Sec'y.  Jan.  13,  1881.     Gulseth  v.  Samson,  7  C.  L.  O.,  163. 

9.  From  decision  of  local  officers,  not  required  to  be  served  on  the 

opposing  party. 
Sec'y.  :N'ov.  17,  1882.    Lynch  v.  Merrifield. 

Pre-emption  affidavit: 

See  Pre-emption,  (pre-emption  aft't.,)  No.  99,  ct  seq. 
Rules: 

10.  Of  practice  of  the  Gen'l  Land  Office,  approved  by  the  Deji't, 

are  intended  for  observance  ;  and  it  is  beyond  the  power 
of  the  local  officers  to  modify  or  ignore  them,  but  is  their 
duty  to  enforce  them. 
Id. 

11.  Eule  83  applies  only  where  the  matter  submitted  for  revision 

raises  the  presumption  that  there  has  been  such  an  error 
as  to  convince  the  Dep't  that  a  proper  administration  of 
the  public  business  requires  its  intervention. 
Sec'v.  Feb.  14,  1882.    Wright  v.  St.  Bernard  M'g.  Co.,  9  C. 
L.  O.,  9. 

Time  for  appeal: 

12.  When  notice  of  decision  is  given,  both  to  counsel  and  to  the 

party,  through  the  local  office,  the  time  should  be  reckoned 
from  date  of  notice  to  the  party  himself. 
Com'r.  (G.)     Oct.  17,  1881.     Eoach  y.  Myers  et  al. 

See  Mines,  &c.,  (subpcena  duces  tecum,)  No.  213. 

Pre-emption,  (evidence,)  Nos.  53,54;  (hearing,)  No.  b8,etseq.;  (review,) 

No.  133;  (waiver,)  Nos.  165,  168,  169,  170. 
Private  land  claims.  No.   95,   et  seq.,  (public  lands,)  No.  283,  etseq.'f 

(rules of,)  Nos.  341,  342,  343 ;  (notice,)  No.  261,  etseq.;  (review,)  No. 

340. 
Railroads,  No.  41. 


DIGEST    OF  DECISIONS.  63 


PRE-EMPTION.— DIVISION  G. 

Abandonment : 

1.  Of  tract  claimed  by  husband,  during  coverture,  is  abandonment 

by  the  wife. 
Sec'y.  Feb.  21, 1882.  (G.)     Larseu  v.  Pechierer,  9  C.  L.  O.,  97. 

2.  Of  land  until  determination  of  contest,  with  a  preservation  of 

rights  ad  interim^  cannot  be  recognized. 
Sec'y.  July  13,  1882.     Titus  v.  Bull,  9  0.  L.  O.,  117. 

3.  A  pre-emptor  who  relinquishes  his  rights  by  failure  of  constant 

assertion  thereof  on  the  land,  cannot  resume  them  at  pleas- 
ure, in  the  presence  of  an  adverse  claim. 
Id. 

4.  In  the  absence  of  an  adverse  claim,  pre-emptor  may,  after  tem- 

porary abandonment,  resume  his  residence  upon  the  land; 
and  upon  showing  good  faitli,  in  compliance  with  law,  make 
entry. 
Com'r.  (G.)     Aug.  12,  1881.     Milan  v.  Favrow,  8  G.  L.  O.,  93. 
See  Pre-emption,  (filing,) No.  58. 
Absence : 

5.  If  a  party  has  filed  notice  of,  under  act  of  June  4,  1880,  and  is 

absent  from  the  land  in  fraud  of  the  act,  he  acquires  none 
of  the  granted  benefits ;  and  this  may  be  matter  for  investi- 
gation at  the  proper  time. 
Sec'y.  July  30,  1881.  (G.)    Bowers  v.  Wilson,  8  0.  L.  C,  107. 

Acts  (of  Congress) : 

Construction  of  sundry. 
See  Pre-emption,  (construction,)  No.  15,  et  seq. 

Additional  land: 

6.  A  pre-emptor  who  first  claimed  less  than  160  acres  may  file  for 

IGO  acres  by  embracing  an  additional  vacant  tract  or  tracts 
adjoining  the  land  first  claimed. 
Sec'y.  Jan.  16,  1882.  (G.)    Osborne  v.  Havens  &  Haws :  Bryan 
V.  Whittles.     (1st  Lester,  391,  cited.) 

See  Pre-emption,  (amendment,)  No.  9. 
Administrator  : 

See  Pre-emption,  (entry,)  No.  51. 
Adverse  claim : 

7.  To  defeat  a  prior  pre-emption  claim,  defective  only  in  that  proof 

and  i)ayment  were  not  made  in  time,  must  be  sustained  by 
the  usual  and  accei)tod  affirmative  proofs. 
Sec'y.  Dec.  10,  1881.     Larson  v.  Parks,  8  C.  L.  O.,  158. 

Affidavit  of  contest : 

See  Pre-emption,  (waiver,)  No.  1G5. 

Agreement : 

See  Pre-emption,  (construction,)  No.  20. 


54  DIGEST    OF    DECISIONS. 

Alien: 

S.  Acquires  no  ri^ht  wlialovor  bv  move  settleinoiit  u])oii  the  public 
land. 
Act'g-  Scc'v.  Sept.  28, 1881.  Bnelinian  v.  Scliindler ;  McMurdie 
r.  Central  Pac.  K.  K.,  8  C.  L.  O.,  30 ;  Aubrey  v.  Clapp,  8 
C.  L.  O.,  193 ;  and  Andrews  r.  Forest,  Sec'y,  Oct.  10, 1882, 
cited. 

Amendment  : 

9.  Of  declaratory  statement  allowed  to  embrace  an  additional 
quantity  of  land,  sufficient,  with  that  originally  filed,  to 
augregate  100  acres. 
Com'iV(G.)    Nov.  28, 1882.     E..  &  R.,  Walla  Walla. 

10.  Of  a  filing  or  entry  cannot  be  allowed  to  the  detriment  of  a  sub- 

subseqnent  sett'er,  where  the  mistake  in  description  was 
due  to  the  applicant's  negligence. 
Com'r.  (G.)    Nov.  28,  1881.     Snoderly  v.  Fulton. 

Appeal : 

See  Practice,  (appeal,)  No.  1,  ei  scq. 

Land  Department,  (Com'r  General  Laud  Ofliee,)  Nos.  11,17. 

Board  of  Equitable  Adjudication  : 

11.  ITas  exclusive  jurisdiction  within  the  sphere  of  the  powers  con- 

ferred upon  it  by  statute.    No  appeal  lies  from  its  decis- 
ions, nor  are  they  subject  to  review  by  auj^  other  tribunal. 
it  may,  upon  allegations  of  fraud  in  an  entry,  revoke  its 
conlirmation  thereof. 
Sec'y.  Dec.  8,  1882.     Conlin  r.  Yarwood. 

CitizensMp  : 

12.  Subjects  of  other  Governments  resident  in  the  ceded  portions 

of  Mexican  territory  at  date  of  the  treaty  of  Guadalupe 
Hidalgo,  were  not  embraced  within  the  terms  of  the  eighth 
article  thereof,  and,  not  having  become  naturalized,  or  de- 
clared their  intention  to  become  citizens  of  the  United 
States,  remained  residents  of  the  United  States, 'as  before 
thev  were  but  residents  of  Mexico. 
Sec'y.  Feb.  4,  1882.     Aubrey  r.  Clapp,  8  0.  L.  O.,  193. 

13.  The  right  of,  not  acquired  by  any  one  who  came  to  this  country 

with  his  father  when  a  minor,  the  father  never  having  be- 
come fully  naturalized. 
Sec'y.  Feb.  18,  1881.    Hutchinson  v.  Donaldson. 

14.  No  right  of,  conferred  by  R.  S.  2107  prior  to  the  date  of  taking 

the  oath  and  submission  of  the  proofs  therein  required. 
Act'g  Sec'v.  May  10,  1881.     Hutchinson  v.  Donaldson,  9  C.  L. 
O.,  150. 

Claim  : 

See  Pre-emp'ion,  (construction,)  No.  17. 
Commissioner  of  the  General  Land  Office: 

See  Land  Department,  (Com'r  G.  L.  O.,)  Xo.  10,  et  seq. 
Construction  : 

15.  Act  of  March  3,  1803. 

Sec'y.  July  24,  1882.     D.  W.  Diggs,  9  C.  L.  O.,  104. 


DIGEST    OF    DECISIONS.  65 

Constriictinn — Contiuued. 

10.  Of  July  23,  186G.    Tbe  seventh  section  of,  not  repealed  by  the 
Revised  Statutes. 
Sec'y.  June  8,  1882.     Ward  v.  Williams. 

17.  Of  May  14,  18S0.    The  word  "claim"  in  first  section  refers  only 

to  inceptive  riybts  that  may  be  acquired  by  settlers  under 
tbe  several  acts  therein  named,  but  does  not  include  pre- 
emption (!ash  entries. 
Couvr.  (G.)     July  21,  1881.     Ole  G.  Ulven.     Mar.  11,  1881. 
Martin  O.  Hexom. 

18.  Of  May  28,  1880,  for  disposal  of  Osage  trust  and  diminished 

reserve  lands. 
Com'r.  (G.)    Jan.  1, 1881.    John  C.  Hendrickson.    Feb.  5,  1881. 
A.  E.  Lamb. 

19.  Of  June  8,  1880,  relating  to  pre-emption  and  final  homestead 

aiUdavits. 
Com'r.  (G.)     Aug.  23,  1881.     Calvin  Hawldns,  8  C.  L.  O.,  93. 

20.  Tbe  contract  or  agreement  referred  to  in  R.  S.  2202,  in  order  to 

defeat  the  pre-em]»tors  right  ot  entry  must  be  one  by  force 
of  \v!>ich  title  to  the  land  must  vest  in  some  other  person 
than  himself ;  and  it  mns'  •  that  such  was  Ms  inten- 

tion in  making  it. 
A  mortgage  given  by  the  ])re-emj)tur,  if  a  mere  security  for  the 
money  loaned,  and  not  a  contract  necessarily  divesting  him 
of  tbe  title,  is  not  acontractoragreemeut  within  the  mean- 
ing of  said  section. 

Sec'y.  April  24,  1882.     Larson  v.  Weisbecker,  9  C.  L.  O.,  00. 

Act'g  Sec'y.  Oct.  22,  1882^.     Jenkins  v,  Sisk. 

21.  A  quitclaim  deed  is  not  such  a  contract  as  comes  within  the 

meaning  of  li.  S.  2202,  and  will  not  defeat  the  right  of 
entry.     JS  converso  in  case  of  a  warranty  deed. 
Com'r.  (G.)     Oct.  10,  1881.     State  of  Cal.  v.  Alari,  8  C.  L.  O., 
140. 
See  Prc-empi'wn,  (Osage  trust  and  (lir:iinished  reserve  lauds,)  No.  86,  vAseq. 

Contest  : 

22.  May  be  brought  in  certain  cases  to  determine  the  nature  and 

extent  of  individual  possession  and  the  legal  priorities  of 
the  respective  claimants. 
Sec'y.  Jan'y  15,  1881.     Kort  r.  Helton. 

23.  Cannot  be  brought  against  unexpired  pre-emi)tion  filing  by  a 

htranger  to  the  record. 
Com'r.  Aug.  12,  1881.     Milam  v.  Favrow,  8  C.  L.  O.,  93. 

Contestant : 

See  7Ve-emjj/(on,  (profercncG  right,)  Nos.  Ifi"),  lOG,  107. 

Contract  or  agreement: 

24.  Tbe  existence  of,  by  which  tlie  title  tbe  pre-emptor  might  ac- 

quire would  inure  to  the  beiietit  of  another,  while  a.  bar  to 
entry,  does  not  defeat  entirely  tlu^  ])re-emption  right;  tbe 
settler  may  render  himself  qualified  to  take  the  jirescribed 
oath  by  sbowing  a  rescision  of  tbe  eonti-act. 
Com'r.  (G.)  Oct.  10,  1881.  State  of  Cal.  v.  Alari,  8  C.  L.  O., 
140. 


5G  DIGEST    OF    DECISIONS. 

Contract  or  oiirtcmcnt — CoiitiiiiUMl. 

lit").  All  afjrooineiit  by  a  i)iv  enii)t()r  to  abandon  his  rij;hts,occui)ancy, 
«S:c.,  so  that  another  may  ])rc-enij)t  the  same  land,  is  valid. 
Olsen  r.  Orton,  28  Minn.  K.',  30. 

Soo  iV<'-rm;)f»(>n,  (constniction,)  No.  20,  as  to,  in  iiuaiiiiig  of  K.  S.  22()'2. 

Counti/  scot  : 

26.  Xo  i^roof  is  required  in  entry  of,  under  R.  S.  228G  except  that 

the  ('(Mnniissioners  must  ^<ho\v  that  they  are  autliorized  to 
make  the  entry  and  that  the  seat  of  justice  of  tlie  county 
is  located  on  the  quarter-section  sou'^ht  to  be  entered. 

Convr.  (G.)    March  23,  1881.     Le  Grand,  Oregon. 

Com'r.     June  8,  3881.     Central  City,  Colo. 

27.  In  making  entry  for,  notice  of  intention  under  act  of  Mar.  3, 

1879,  must  be  published. 
Com'r.  (G.)    June  8,  1881.    R.  and  11.,  Central  City,  Colo. 

Dcdaratoru  statement : 

28.  The  oflfer  to  file,  and  its  erroneous  rejection,  has  the  same  effect 

as  though  the  filing  had  been  accepted. 
Sec'y.  Jan.  31,  1881.     Stuart  v.  Pentland,  7  C.  L.  0.,  180. 

29.  One  who  settles  and  files  a  D.  S.  with  knowledge  of  a  prior 

claim,   and   abandons,   without    consideration,   in   conse- 
quence thereof,  may  file  a  second  for  another  tract. 
Com'r.  (G.)     Jan.  25,  1881.    Samuel  Englehart. 

30.  It  is  of  no  consequence  that  the  D.  S.  is  not  filed  within  the 

statutory  period,  in  the  absence  of  an  adverse  claim. 
Stuart  V.  Pentland,  supra. 

31.  The  filing  of,  i)rior  to  the  filing  of  the  plat  of  survey,  in  the 

local  office,  is  unauthorized,  premature,  and  void. 
Sec'y.  June  17,  1881.     R.  W.  Clark. 
Lausdale  v.  Daniels,  10  Otto,  113,  cited. 

32.  One  who  files  and  transmutes  same  to  a  homestead  entry,  ex- 

hausts his  pre  emptiou  right. 
Sec'y.  July  21,  1881.     John  Gunn. 

33.  In  the  absence  of  adverse  rights  a  party  may  file  a  second,  for 

the  same  tracts. 
Sec'y.  Xov.  17,  1881.     Wm.  L.  Phelps,  8  C.  L.  O.,  139. 
Sec'y.  June  20,  1882.     Jas.  H.  Rattle. 

34.  One  who  has  filed  a  D.  S.  for  land  afterward  reserved,  is  entitled 

to  file  another  for  other  land  upon  which  he  mav  have  set- 
tled. 
Com'r.  (G.)     Jan.  4,  1882.     Rees  v.  Churchill. 

35.  It  is  not  essential  that  a  D.  S.  should  be  dated.     The  date  of 

actual  filing  should  be  noted  on  it  bv  the  local  officers. 
Com'r.  (G.)     July  13,  1882.     R.  and  R.,  Miles  City,  M.  T. 
3G.  An  agent  may  fill  u]>  the  blanks  in  a  D.  S.  and  file  the  same  in 
l)erson,  or  forward  it  through  the  mails;  but  it  must  be 
signed  bv  the  claimant  in  presence  of  a  witness. 
Com'r.  (G.)     July  13,  1882.     R.  and  R.,  Miles  City,  M.  T. 
37.  A  settler  cannot  be  placed  under  oath  at  time  of  filing  his 
D.  S.  as  to  the  facts  respecting  his  right  to  file  the  same.  Id. 


DIGEST    OF    DECISIONS.  57 

Declaratory  statement — Continued. 

38.  Second  D.  S.  may  be  filed  and  effective,  when  by  reason  of 

defects  in  first  declaration  it  is  unavailing,  and  no  rights 
of  third  persons  have  intervened. 
Cumens  v.  Cypher,  5G  Cal.  E.,  383. 

39.  The  rule  that  the  filing  of  a  pre-emption  D.  S.  prior  to  filing 

the  map  of  survey  is  a  nullity,  held  to  apply  to  a  home- 
stead   application.     The    applicant    acquires    no    rights 
thereby,  and  it  has  only  the  effect  to  show  his  intent  in 
respect  to  the  tract. 
Sec'y.  Jan.  18, 1881  (P.)     Frank  Portman. 

Deed : 

See  Land  DepH,  {Coxa' i\  G.  L.  O.,)  No.  13. 
Pre-emption,  (construction,)  No.  21. 

Default  (Osage  trust  and  diminished  reserve  land) : 

40.  As  between  two  pre-emption  claimants,  both  of  whom  were  in 

default,  as  respects  the  filing  of  a  D.  S.  in  time,  he  who 
•    first  gives  notice  of  his  claim  is  entitled  to  make  entry. 
Sec'y,  Mar.  5,  1882.     Herbert  v.  Pveed,  9  C.  L.  O.,  9. 

Duress  : 

41.  Will  excuse  a  failure  to  comply  with  the  requirements  of  the 

pre-emption  law. 

Com'r.  (G.)     Feb.  28, 1881.    Jepson  v.  Wilburn,  9  C.  L.  O.,  133. 

42.  A  failure  to  comply  with  law  on  account  of,  can  only  be  excused 

when  it  is  shown  that  the  party  was  in  fear  of  his  life,  or 
great  bodily  injury,  superinduced  by  threats  made  to  him 
personally  or  brought  to  his  knowledge,  or  by  attempted 
violence. 
Com'r.  (G.)     Apr.  11,  1881.     Wiggins  v.  Segar. 

43.  A  person  to  be  excused  because  of,  must  show  that  his  fears 

were  superinduced  by  danger  threatened  and  impending, 
sufficient,  in  apprehension,  to  overcome  the  mind  and  will 
of  a  person  of  ordinary  firmness. 
Com'r.  (G.)     Oct.  7,  1882.     Thurman  v.  Simmons. 

Entry : 

44.  Where  notice  of  intention  to  make  proof  and  payment,  as  re- 

quired by  act  of  March  3,  1879,  is  given  prior  to  the  ex- 
piration of  the  statutory  i)erio(l,  the  entry  takes  effect,  by 
relation  from  the  date  of  such  notice,  to  the  exclusion  of 
all  intervening  claims. 
Sec'y.  Apr.  28,  1882.     Ramage  v.  Maloney. 

45.  An  entry  of  land  for  cash  or  scrip,  gives  the  ])arty  making  it  a 

right  to  a  patent,  if  it  be  found  regular  and  valid.     But  it 
does  not  i)ass  the  title,  which  remains  in  the  U.  S.  until 
the  patent  issues. 
Sec'y.  June  14, 1882.     James  Aiken,  9  C.  L.  O.,  70.     See  Sec'y. 
Nov.  1,  1881.     Shumway  v.  Foss. 

4Q.  Conveyance  of  an  inconsiderable  quantity  of  the  tract  claimed, 
not  a  bar  to  entry. 
Act'g  Sec'y.  Aug  11,  hS82,  State  of  Cala.  v.  Alari. 


58  DIGEST    OF    DECISIONS. 

Kntrii — (\)iitii!U('(l. 

■17.    I'it-cnn>ti(>n  cnsli   entry  not  included  in   tlic  M'oril  •'claim"  in 
lirst  section  of  net  of  ]\Iav  J4,  ]S8(>. 
Coni'r.  (Cr.)     Jan.  LM,  ISSl.     Ole  C.  Ulven. 

48.  IManner  of  making;,  when  land  claimed  is  situate  in  two  land 
districts. 
Com'r.  (G.)     JNlay  17,  1881.     K.  and  R.  Pueblo,  Colo.     Feb.  8, 
1882.     Edward  Westgate. 

40.  A  new  entry  may  be  made  upon  day  of  tiling-  second  D.  S.,  by 
one  whose  first  fding'  and  entry  ibr  same  tract  were  can- 
celed for  invalidity,  when  good  faith  is  shown  by  extent  of 
improvements  and  actual  residence. 
Com'r.  (G.)     Mar.  17,  1882.     Francis  A.  Stroup,  9  C.  L.  O.,  8. 

60.  An  entry  allowed  upon  ju'oof  satisfactory  to  the  local  otlicersis 
prima  facie  valid   and   should  be  disturbed  only  on  the 
clearest  proof  of  fraud,  unless  absolutelv  void. 
Com'r.  (G.)     June  27,  1882.    Arnold  v.  Langley,  9  C.  L.  O.,  70. 

ol.  The  right  of  entry  vested  in  the  administrator,  or  one  of  the 
heirs  of  a  deceased  preemptor,  by  R.  S.  22G9,  is  one  ac- 
quired by  compliance  with  law  by  the  deceased,  and  it  is 
only  necessary  that  the  administrator  or  heir  should  sub- 
mit the  necessary  pi^oof  of  his  right  of  entry. 
Com'r.  (G.)    Aug.  7,  1882.    Heirs  of  Le  Claire  v.  Baker. 

Estojjpel ; 

52.  Where  a  claim  is  located  upoti  the  ground  before  survey,  either 

with  Valentine  scrip,  or  under  the  ])re-emption  laws,  and 
other  claims  are  afterwards  made  and  located  with  refer- 
ence thereto,  the  party  first  locating  and  making  known 
his  claim  will  not  be  permitted  to  enlarge  the  same,  to  the 
injury  of  subsequent  locators,  whose  claims  have  beci) 
made  to  conform  to  such  first  location. 
Act'g  Sec'y.  Aug.  10,  1882.     Caulfield  v.  Bosworth. 

Evidence: 

53.  Of  iiiciiteis  jHx  iiicjdeut  to  the  chaiges  u]>(>n  wliich  the  hearing 

was  ordered,  should  not  be  considered. 
Sec'y.  Xov.  IG,  1882.     ShuU  v.  McCormick. 

54.  Tn  contests  under  the  land  laws  must  be  confined  to  the  allega- 

tions, and  judgment  rendered  on  the  issues  raised  by  the 
record  only. 
Id. 

Filing : 

55.  One  wlu)  had  prior  to  the  adoi)tion  of  tlie  Rev.  StatvS.  (June  22, 

1874)  made  a  legal  filing  for  nnoffered  land  and  abandoned 
same,  is  not  disqualified  therebv  fiom  filing  under  the  ])ro- 
visions  of  R.  S.,  2251). 

Sec'y.  Aug.  1,  1882.    State  of  Cal.  v.  Pierce,  9  C.  L.  O.,  118. 

56.  Second  allowed,  when  first  was  made  of  land  worthless  for  ag- 

ricultural purposes  at  a  time  when  its  character  could  not 
be  ascertained;  and  was  relinquished,  with  due  diligence, 
after  discovery  of  its  character. 
Com'r.  (G.)    July  1,  1882.     R.  &  R.  at  Grand  Forks,  D.  T. 


DIGEST    OF   DECISIONS.  59 

Filing — Continued. 

57.  The  invalidity  of  a  filing  or  entry,  wlieu  it  appears,  relates  back 

to  the  date  of  such  filing  or  entry,  and  draws  with  it  all 
subsequent  proceedings. 
Sec'y.  Jan.  31,  1881.     Stuart  i\  Peutland,  7  C.  L.  O.,  180. 

58.  A  second  filing,  evidently  intended  as  an  amendment  of  the  ex- 

isting one,  made  in  accordance  with  the  advice  of  the  local 
officers,  though  erroneous,  cannot  be  construed  as  illegal, 
nor  held  as  an  abandonment,  the  quo  animo  being  con- 
sidered. 
Com'r.     White  v.  Warren,  Jan.  3,  1881,  7  0.  L.  O.,  1G4. 

59.  A  filing  made  in  collusion  and  not  in  good  faith,  and  on  an  ante 

dated  settlement,  for  the  purpose  of  defeating  a  prior  home- 
stead entry,  should  be  canceled  under  E.  B,,  2202. 
Sec'y.  Dec.  17, 1880.    Powers  v.  Forbes,  7  C.  L.  0.,  149. 

GO.  If  a  party  with  knowledge  of  fraudulent  filing,  made  in  his  name 
by  another,  makes  no  attempt  to  avoid  the  fraud  5  the  law 
will  construe  the  act  as  his  own,  and  such  fraudulent  filing 
operate  as  a  bar  to  another. 
Com'r.  (G.)   June  11,  1881.    Folley  v.  Gardner. 

01.  The  filing  of  a  second  settler,  where  the  prior  settler  conforms 

to  the  requirements  of  the  law,  is  illegal,  the  right  of  pre- 
emption being  in  the  first  settler,  his  second  filing*  is  not 
within  the  prohibition  of  E.  S.,  2201. 
Com'r.  (G.)     Dec.  5,  1881.     Couts  v.  Barnham  et  al. 

02.  An  illegal  filing  by  reason  of  the  pre-emptor's  disqualification 

at  date  thereof,  is  not  a  bar  to  a  legal  filing  upon  removal 
of  such  disqualification. 
Id. 

03.  A  filing  in  violation  of  the  law  is  void  ah  initio. 

Id. 

Cases  of  Thomas  Thompson,  C.  L.  L.,  220,  and  Lansdale  v.  Dan- 
iels, 10  Otto,  113,  cited. 

Forfeiture  : 

04.  Of  prior  claim  for  failure  to  make  proof  and  payment  in  time, 

will  not  be  declared  unless  the  adverse  claim  is  sustained 
bv  the  usual  afQrmative  i)roofs. 
Sec'y." Dec.  10,  1881.     Larson  v.  Parks,  8  C.  L.  O.,  158. 

05.  Will  not  be  incurred  under  P.  S.,  2202,  where  the  pre-emptor 

conveys,  prior  to  entry,  an  inconsiderable  quantity  of  the 
tract  claimed.     In  such  case  the  principle,  dc  minir':i!S  non 
curat  IeXj_  ai)i)lies. 
Act'g  Sec'y.  Aug.  11,  1882.     State  of  Cala.  v.  Alari. 

See  Pre-emption,  (Osago  trust  :ui(l  diiiiinialied  reserve  lands,)  No.  88. 

Fraud : 

00.  The  entry  of  a  pre-en)ptor,  ])rior  to  patent,  is  subject  to  the 
action  of  the  General  Land  Ollice,  and  may  be  canceled 
ior  fraud  or  invalidity. 
Sec'y.  Kov.  1,  1881.     Shiimway  v.  Foss,  Whitaker  v.  S.  P.  R. 
R.,  7  C.  L.  O.,  85,  cited. 

Sec  rre-emplion,  (liliiig,)  No3.  59,60, 


GO  DIGEST    OK    DECISIONS. 

Good  /(lit h  : 

(!7.  Tlio  law  reooijiiizes  circiiinstaiices,  as  well  as  time,  in  the  cle- 
voloi)inont  of  a  iiro-emptor's  good  faith,  after  his  lirst  act 
of  settleuuMit  and  before  the  date  at  which  he  is  required 
to  make  proof  and  payment. 
.  Com'r.  (G.)     Oct.  IM),  ]S82!     Fulleu  v.  Thomas. 

See  rrc-emption,  (rotiideuce,)  Nos.  128,  l;50. 

nearing : 

GS.   Upon  api>li('ati()n  of  i)re-eniptor  to  dis])ose  of  claims  made  sub- 
ject to  his  ])rior  right,  should  not  be  allowed,  until  lie  ap- 
l)lies  to  make  proof  and  payment. 
Sec'y.  Feb.  20,  1S82.     Hanson  v.  Berry,  8  C.  L.  O.,  188. 
Sec'y.  July  21, 1882.    Conners  v.  Walker. 

09.   AYliere  several  parties  file  for  the  same  tract,  a  hearing  should 
not  be  ordered  simply  to  advise  the  jiarties  of  the  status 
of  their  claims.     Tlie  notice  by  imblication  of  intention  to 
make  final  ])roof  is  alone  required  in  such  cases. 
Sec'y.  Aug.  2,  1882.     tSprague  r.  Eobiuson,  1)  0.  L.  O.,  117. 

70.  It  is  within  the  jurisdiction  of  the  local  officers  to  order  hearing 

upon  allegations  of  non-comjiliance  with  law  since  date  of 
former  trial. 
Com'r.  (G.)     Jan.  20,  1881.     Zacharv  v.  Westbrook,  7  C.  L. 
O.,  178. 

Heirs  : 

71.  E.  S.  2269,  which  provides  for  the  issuance  of  a  patent  to  the 

heirs  of  a  deceased  pre  emptor,  attaches  no  qualifications 
to  that  word;  and  if  he  left  an  heir  or  heirs,  capable  of  in- 
heriting, in  the  State  where  the  land  is  situate,  the  G.  L. 
O.  cannot  inquire  further. 
Com'r.  (G.)    Aug.  7,  1882.     Heirs  of  Le  Claire  v.  Baker. 

See  Pre-emption,  (resideucc,)  No.  KU. 

Homestead  entry  : 

72.  Parties  claiming  the  right  to  make,  under  the  3d  sec.  act  of 

May  14,  1880,  of  land  already  embraced  in  a  homestead 
entry,  are  required  to  establish  the  priority  of  their  claims, 
and  secure  the  cancellation  of  the  intervening  entry,  prior 
to  the  allowance  of  their  ai)plications. 
Com'r.  (G.)     Sept.  25,  1882.     Wolf  v.  Struble,  9  C.  L.  O.,  148. 

Improvements  : 

73.  The  possibility  of  one  party  taking  the  improvements  of  another 

under  the  settlement  laws,  recognized  as  Mithin  the  con- 
templation of  the  statute. 
Act'g  Sec'y.  Oct.  1,  1881.     Marks  v.  Bray,  8  0.  L.  O.,  139. 

Incorporated  limits: 

74.  Land  wirliiu  the  limits  of  a  town,  not  being  land  which  it  is 

entitled  to  enter  by  reason  of  its  population,  and  not  actu- 
ally settled  upon,  inhabited,  imi)roved,  and  used  for  busi- 
ness and  municipal  purposes,  is  subject  to  pre-emption 
claim,  by  virtue  of  sec.  1,  act  of  March  3,  1877. 
Sec'y.  Oct.  20, 1881.    Lewis  et  al.  v.  Seattle  et  ciL,  8  C.  L.  U.,  9. 


DIGEST    OF    DECISIONS.  61 

Indians : 

75.  The  general  statutes  for  naturalization  do  not  apply  to  Indians, 

and  there  is  no  law  that  confers  upon  them  the  right  of 
pre-emption. 
Com'r.  June  5,  1882.     Soloman  Scott,  Colfax,  W.  T. 

Inhabitancy  : 

See  Pre-emption,  (mistake,)  No.  79. 

Intention : 

76.  To  claim  the  benefit  of  the  pre-emption  law,  manifested  by  acts 

or  declarations,  is  essential  to  the  acquisition  of  preemp- 

tion  rights. 
Com'r.  (G.)     Feb.  21,  1881.     Scott  v.  Bazarano. 
Act'g  Sec'y.  Aug.  11,  1882.     State  of  Cal.  v.  Alari. 

Laches : 

77.  If  a  contestant  does  not  publish  and  prove  his  own  claim,  within 

the  time  allowed  by  law,  he  is  in  no  condition  to  ask  can- 
cellation of  a  prior  claim,  under  E.  S.  22G5,  upon  allega- 
tion of  laches  on  the  part  of  another. 
Act'g  Sec'y.  Aug.  II,  1882.     Gardner  v.  Snowden,  9  C.  L.  O., 
116. 

See  Pre-emption,  (Osage  T.  &  D.  E.  lands,)  No.  86. 

Location : 

See  Pre-emption,  (estoppel,)  No.  52. 

Misconduct  or  neglect : 

78.  Of  a  public  officer,  will  not  prejudice  the  right  of  a  claimant 

who  has  done  everything  in  the  prosecution  of  his  right 
that  the  law  requires  of  him. 
Sec'y.  Jan.   31,  1881.     Stuart  v.   Pentland,  7  C.  L.  O.,  180. 
Lytle  V.  Arkansas,  (9  Howard,  333,)  cited. 

Mistalie  : 

79.  Where  a  pre-emptor  intended  to  build  his  house  on  the  land 

claimed,  but  by  mistake  built  it  over  the  line,  such  mis- 
take will  not  prejudice  his  claim,  if  corrected  when  discov- 
ered and  good  faith  sufficiently  appears. 

Sec'y.  Jan.  13, 1881.     Day  v.  De  Witt. 

Sec'y.  July  7, 1881.     Quick  v.  Nichols. 

Com'r,  (G.)     Juno  27, 1882.     Arnold  v.  Langley. 

Mortgage : 

See  Pre-emption,  (construction,)  No.  20. 

Notice : 

80.  Settlers  not  compelled  to  file  written  notice,  claiming  extension 

of  time  for  iiroof  and  i)ayment,  on  account  of  grassho])per 
ravages. 
Com'r.  (G.)     Feb.  2, 1881.    McFadgen  r.  Marschc^a^    Shreves 
V.  Eaton  (5  C.  L.  O.,  165)  cited. 

See  Pre-emption,  (county  scat,)  No.  '27  ;  (entry,)  No.  44  ;  (liearinf^,)  No.  01) ; 
(Osage  T.  and  D.  K.  lauds,)  No.  1)1 ;' (town  lots,)  No.  152;  (trans- 
mutation,) No.  101. 


&2  DIGEST    OF    DECISIONS. 

Occupaut : 

SI.  Tilt'  tlaiin  of  a  ]^erson  who  is  qualified,  and  has  complied  with 
the  law,  will  not  be  subject  to  defeat  in  lavor  of  an  unlaw- 
lul  oceui)ant. 
Aet'ii-  Se(^V.  Oct.  1, 1881 .  Marks  v.  Bray,  8  0.  L.  O.,  139.  ]\Iol.v- 
neux  V.  Young,  7  C  L.  O.,  107;  and  Powers  v.  Forbes,  id., 
14'),  eited. 

82.  The  possession  of  one  who  held  in  pursuance  of  no  claim  under 

any  law  of  the  United  States  for  the  disposition  of  its 
lands;  or  who  having'-  a  claim  did  not  possess  the  necessary 
qualifications;  or  had  forfeited  it  by  failure  to  comply'  with 
the  conditions  of  the  law;  is  no  bar  to  the  entry  of  another 
party. 

Com'r.  {G.)     May  14,  1881     Walsh  v.  Blevius. 

Com'r.  (G.)     Xov.  28,  1881.     Suodderly  v.  Fulton. 

Occupation  : 

83.  Without  an  intention  to  claim  under  the  pre-emption  law  a 

mere  occupancy  of  the  public  lauds  confers  no  right. 
Sec'y.  Jan.  13,  1881.     Day  v.  Be  Witt. 

84.  Mere  occupancy  of  public  land,  without  preemption  claim,  does 

not  secure  to  one  the  benefits  of  that  law. 
Act'g  Sec'y.  Aug.  11,  1882.     State  of  California  r.  Alari. 

85.  Of  a  part  of  a  school  section  for  municipal  purposes,  i)rior  to 

the  survej^  in  the  field,  gives  the  town  authorities  the 
preference  right  to  enter  the  land  so  occupied  at  any  time 
))rior  to  the  day  of  i)ublic  sale. 
Com'r.  (G.)    Feb.  15,  1881,  to  R.  &  E.  at  Miles  City. 

Offered  la7ids: 

See  Fre-emption,  (private  entry,)  Nos.  110,  111. 

Osage  trust  and  diminished  reserve  lands: 

8G.  The  act  of  May  28,  1880,  cures  the  former  laches  of  the  settler 
in  failing  to  prove  np  within  the  i)eriod  allowed  by  former 
acts  relating  to  said  lands. 
Sec'y.  Jan.  8,  1881.     Bosseck  v.  Arendt. 

87.  To  bring  a  claim  within  the  provisions  of  section  1,  it  must  have 

been  actually  presented.     Unless  presented  in  the  manner 
and  within  the  time  allowed,  and  a  subsequent  valid  right 
has  intervened,  it  has  necessarily  lapsed,  and  the  land  is 
subject  to  disposal  to  actual  settlers  under  section  2. 
Com'r.  (G.)     Jan'y  8,  1881.     John  C.  Hendrickson  . 

88.  The  penalty  of  forfeiture  by  which  the  land  would  become  sub- 

ject to  disposal  under  section  3,  is  not  affixed  to  failure  to 
make  a  claim  under  section  1.     Such  forfeiture  is  only  in- 
curred after  proof  has  been  made,  and  the  purchase  money 
or  some  portion  thereof  becomes  due  and  is  not  paid. 
Id. 

89.  Lauds  which  are  to  be  listed  for  sale,  in  accordance  with  the 

I)rovisions  of  the  third  section,  are  lands  that  fall  within 
the  cases  where  default  has  been  made,  by  the  settlers,  in 


DIGEST    OF    DECISIONS.  63 

Osage  trust  and  diminished  reserve  lands — Continued. 

the  paynieut  of  any  portion  of  the  purchase  money  after 

the  same  has  become  due. 
ISTo  part  is  due  until  proof  has  been  made. 
Com'r.  (G.)     Feb'y  5, 1881.    Arnold  E.  Lamb. 

90,  A  settler  having  a  claim  under  the  first  section,  and  having 

failed  to  make  proof  thereof  within  the  time  allowed,  may, 
if  otherwise  qualified  to  do  so,  make  his  entry  under  the 
second  section,  subject  to  the  intervention  of  a  valid  ad- 
verse claim  as  in  ordinary  pre-emption  cases. 

Id. 

Also,  June  28,  1881.     Wm.  Garrison. 

91,  In  entries  hereafter  made  under  the  second  section,  the  general 

principles  of  the  pre-emption  laws  in  respect  to  filing,  proof 
of  settlement,  a'r.d  notice  of  making  proof,  will  be  required 
to  be  followed.  Filings  must  be  made  within  three  months  , 
from  date  of  settlement ;  proot^  and  payment  of  not  less 
than  one-fourth  the  purchase  price  within  six  months  from 
date  of  filing,  and  notice  by  publication  as  required  in 
other  pre-emption  entries. 
Id. 

92,  The  settlers  who  are  qualified  to  prove  their  claims  under  the 

first  section  of  the  act  are  those  who  at  date  thereof  were 
settlers  under  former  lavvS,  and  must  possess  the  qualifi- 
cations prescribed  by  those  laws,  t^'ettlers  making  entry 
under  the  second  section  of  the  act  are  reqiiired  to  have 
the  qualifications  of  pre-emptors  on  the  public  lands. 
Case  of  Arnold  E.  Lamb,  sui)ra. 

93,  An  applicant  to  enter  under  the  second  section   must  show 

actual  residence  upon  the  tract  claimed. 
Com'r.  (G.)     Feb'y  10,  1881.    E.  B.  Shepard. 

91.  A  residence  of  not  less  than  six  months  must  be  shown  as  an 
evidence  of  good  faith. 
June  23,  1881.    Instructions  to  local  officers. 

Possession : 

95,  Of  one  claiming,  under  the  grant  title,  lands  excluded  from  a^ 
Mexican  grant  by  final  survey,  is  protected  by  the  act  of 
Jidy  23,  18GG;  which  gives  him,  to  the  exclusion  of  all 
others,  the  right  to  obtain  title.  Snch  a  possession  is  law- 
ful, and  settlements  made  in  conflict  with  it  are  unauthor- 
ized, illegal,  and  void. 
Com'r.  (G.)  Jan.  12,  1882.  McAllon  Brown  v.  Quinlan  et  ah 
Atherton  v.  Fowler,  G  Otto,  513;  Hosmer  v.  Wallace,  7 
Otto,  575 ;  and  Powers  v.  Forbes,  7  Copp,  149,  cited. 

9G.  Cannot  be  invaded  by  pre  emi)tors.  In  allowing  pre  emption 
upon  unsnrveyed  lands  Congre^;s  did  not  authorize  inter- 
ference with  the  peaceable  possession  of  previous  occu- 
pants. 
Gimmy  v.  Culverson,  5  Saw,,  C.  C,  G05 ;  Davis  v.  Scott,  56 
Cal.  K.,  1G5. 


64  DIGEST    OF    DECISIONS. 

Possession — Contiuiu'd. 

I'T.  'I'lio  ilK'.i:;il  i)()ss(>ssioii  of  a  tract  cannot  <k'(cat  the  entry  tlioroof 
by  one  (inalitied,  wiu)  complies  with  the  hiw,  althoujili  in- 
trudinj:  npon  such  possession. 
Sec  J.  Dec."  17,  ISSO.     Towers  v.  Forbes,  7  C.  L.  O.,  U9. 

Possessory  riphts: 

08.  To  tracts  of  public  lands  in  almost  all  the  States  containin.i^ 
public  lands  have  beeu  recounized  and  ])rotected  by  the 
courts:  and  those  holding  said  rights  held  to  be  tenants 
at  the  will  of  the  Government,  whose  estates  can  only  be 
defeated  by  the  entry  of  one  holding  title  from  theGovein- 
meut,  or  who  enters  with  the  sanction  of  some  law  of  the 
United  States. 
Com'r.  (G.)    Oct.  la,  1881.     Moore  v.  Homer. 

Pre-emption  affidavit: 

99.  When  taken  before  clerk  of  court  under  act  of  June  9,  1880^ 

not  required  to  cover  date  of  entry. 
Com'r.  (G.)    Aug.  23,  1881.     Calvin  Hawkins,  8  C.  L.  O.,  93. 

100.  Where,  executed  before  clerk  of  court,  the  local  officers  must 

exercise  a  sound  discretion  in  determining  whether  a  rea- 
sonable time  only  has  elajjsed  between  date  of  execution 
and  receipt  at  local  office. 
Com'r.  (G.)     April  17,  1882.     R.  &  R.,  Montgomery,  Ala. 

Pre-emption  right : 

101.  Xot  acquired   by  one  who  removes  from  land   in  the  same 

State  or  Territory,  which  he  owns  jointly  or  in  common  with 
another. 
Act'g  Sec'y.  May  31,  1881.     Sederquist  v.  Wilcox. 

102.  Attaches  to  a  tract  upon  which  the  settler  does  some  act  with 

the  intention  of  claiming. 
Com'r.  (G.)     Feb.  21,  1881.     Scott  v.  Bazarano. 

103.  Is  extinguished  by  a  reservation  of  the  land  claimed  for  pub- 

lic uses. 
Com'r.  (G.)     Jan.  4,  1882.     Eees  v.  Churchill. 

104.  Equitable  rights  of  pre-emptor  are  maintainable  against  a 

patent  obtained  bj'  false  testimony,  imposition,  or  miscon- 
struction by  the  patenting  authority. 
Chapman  v.  Quinu,  5'6  Cal.  E.,  -60. 

See  Pre-emption,  (contract  or  agreemeut,)  No.  24;  (filing,)  No.  Gl ; 
(Indians,)  No.  75;  (intention,)  No.  76;  (town  lots,)  No.  155;  (trans- 
mutation,) No.  162. 

PBE-EMFTOES. 

See  Pre-emption,  (abandonment,)  Nos.  3,  4  ;  (possession,)  No.  96 ;  (qualifi- 
cation,) Nos.  121, 122;  (school  section,)  No.  i:]5  ;  (transmutation,)  No. 
161;  (town  site,)  No.  158. 

Preference  right  : 

105.  Granted  a  contestant  by  act  of  May  14, 1880,  is  not  transferable.. 
Act'g  Sec'y.  Xov.  14,  1882.     Henton  v.  Howard. 

106.  Kone  acquired  prior  to  the  act  of  May  14,  1880,  by  contestant 

of  a  homestead  entry. 
Id. 


DIGEST    OF   DECISIONS.  65 

Preference  right — Continued. 

107.  Allowed  a  contestant  by  3d  sec.  of  the  timber-culture  act,  does 

not  reserve  the  land  from  other  disposal ;  but  any  settle- 
ment or  entry  made  after  the  cancellation  of  the  contested 
entry  is  subject  to  the  exercise  of  the  privilege  conferred 
upon  the  contestant. 
Com'r.  (G.)    Nov.  26,  1881.    Thomas  v.  Drumhiller. 

108.  Granted  by  3d  sec.  timber-culture  act  is  personal  and  not 

assignable. 
Id. 

109.  Is  not  an  interest  in  the  land,  but  the  right  of  the  settler  to  be 

preferred  as  purchaser,  which  accrues  when  he  has  complied 
with  the  prerequisites  of  the  act. 
Aiken  v.  Ferry,  6  Saw.,  C.  C,  79. 

Private  entry : 

110.  Lands  in  certain  Southern  States  once  oftered,  not  subject  to, 

until  they  shall  have  been  reoffered. 
Act'g  Sec'y.  May  27,  1881,  9  W.  L.  Eep'r,  367. 

111.  Lands  once  offered  at  $2.50  per  acre,  but  reduced  in  i^rice  to 

$1.25  per  acre,  not  subject  to,  until  reofiered  at  the  reduced 

price. 
Act'g  Sec'v.  Oct.  30, 1882.    Sipchen  v.  Eose,  10  W.  L.  Eep'r,  715. 
Eldred  v.  Sexton,  19  Wall.,  189,  cited. 

Proof  and  payment : 

112.  Time  for,  extended  by  act  of  June  4,  1880,  under  certain  cir- 

cumstances, but  the  relation  or  rights  of  parties  not  thereby 
changed. 
Sec'y.  July  30,  1881.    Bowers  v.  Wilson,  8  C.  L.  O.,  107. 

113.  Because  a  party  fails,  only  in  the  matter  of  time,  in  submitting, 
he  should  not  be  subjected  to  forfeiture  unless  a  valid  ad- 
verse interest  has  attached.     Such  adverse  interest  must 
be  shown  by  affirmative  proof. 
Sec'y.  Dec.  10,  1881.     Larson  v.  Parks,  8  C.  L.  O.,  158. 

114.  A  settler  whose  failure  to  make,  in  time,  is  due  to  the  erroneous 

statement  of  a  public  officer,  acting  within  the  scope  of  his 
authority,  will  be  i)rotected. 
Sec'y.  Dec.  11).    1881,  Vettel  v.  Norton,  8  C.  L.  O.,  179.    Ly  tie  v. 
Arkansas,  9  Howard,  314,  cited. 

115.  If,  when  a  pre-emptor  appears  to  make,  under  his  notice,  ho  is 

surprised  by  the  introduction  of  adverse  and  unexpected 
evidence,  he  may  defer  his  offer  thereof  until  <\i\y  date 
within  the  time  prescribed  by  law. 
Com'r.  (G.)     Oct.  29,  1882,  Fnlle'n  v.  Thomas. 

110.  Time  for,  when  lands  are  or  are  not  subject  to  private  entry. 
Stain aker  v.  Morrison,  0  Neb.  E.,  363. 

Proprietor : 

117.  A  person  who  owns  land  in  trust  for  others,  is  not  a  pro]»rietor 
of  such  lands,  within  the  i)rohibition  of  the  pre-emption 
act;  and  is  not  thereby  disqualified  from  becoming  a  pre- 
emptor. 
Sec'y.  June  14,  1882.    Jas.  Aiken,  9  C.  L.  O.,  76. 

H.  Mis.  45,  pt.  1 5 


66  DIGEST    OF    DECISIONS. 

Proprietor — Continuoil. 

118.  As  used  in  sootion  10  of  i)ro-einpti()u  act  lupima  an  absolutely 

legcal  owner.     One  therefore  wlio  has  entered  laud  in  trust, 
or  entered  public  land,  but  not  received  patent  therefor,  is 
not  distiualilied  as  "i)ropri<'tor"  under  the  act. 
Aiken  r.  Ferry,  0  Saw.,  C.  C,  79. 

Proprietorship : 

119.  That  contemplated  by  R.  S.  22G0  is  a  legal  and  absolute  one, 

and  not  the  mere  equity  of  a  land-office  entry,  which  may 

or  may  not  ripen  into  ownership. 
Com'r.  (G.)     Dec.  5, 1881.     Couts  v.  Barnham  et  al. 
Sec'y.  June  14,  188L*,  supra. 

Purchasers : 

120.  From  ])re-emptors,  before  patent,  acquire  but  an  equity ;  and 

take  such  title  onlj^  as  the  vendee  of  the  Government  had. 
Com'r.  (G.)     July  27,  1880.    Whitaker  ex  rel.  S.  P.  R.  R.  Co., 

7C.  L.O.,85. 
Com'r.  (G.)    Apr.  19, 1881.    Benght.  Johnson  v.  Hill. 
Sec'y.  Nov.  1,  1881.    Shumway  v.  Foss. 

Qualifications : 

121.  The  party  must  have  those  required  of  a  pre-emptor,  at  date 

of  settlement,  in  order  to  secure  preemption  rights. 
Act'g  Sec'y.  Sept.  28,  1881.    Bachmau  v.  Schindler. 

122.  If  a  settler  is  a  qualified  pre-emptor  at  time  of  filing  declara- 

tion, he  is  entitled,  as  against  the  U.  S.,to  become  the  pur- 

Aiken  v.  Ferry,  6  Saw.,  C.  C,  79. 

Registers  and  receivers : 

123.  The  General  Land  Office  will  not  authorize  them  to  be  absent 

from  the  seat  of  the  local  office,  for  the  purpose  of  taking 
homestead  and  timber-culture  affidavits. 
Com'r.  (G.)     July  13,  1882.    R.  &  R.,  Miles  City,  M.  T. 

Residence : 

124.  Is  not  essential  to  a  pre-emption  settlement ;  but  settlement 

must  be  followed  by  residence  within  such  reasonable  time 
as  to  manifest  a  purpose  to  comply  with  the  requirements 
of  the  law. 
Act'g  Sec'y.  Oct.  25,  1882.     Mclnnes  v.  Strevell. 

125.  One  who  removes  from  land  which  he  owns  jointly,  or  in  com- 

mon with  another,  to  settle  upon  the  public  land  in  the 
same  State  or  Territory,  is  within  the  i^rohibition  of  R.  S. 
2260. 
Act'g  Sec'y.  May  31,  1881.     Sederquist  v.  Wilcox. 

126.  One  who  removes  from  his  own  land,  and  after  a  considerable 

X)eriod  returns  and  makes  a  settlement  upon  the  public 
land,  is  not  within  the  prohibition  of  the  law. 
Sec'y.  Feb.  23,  1882,  Weir  v.  Haskins;  Nov.  7,  1882,  Owings 
V.  Lichtenberger. 


DIGEST    OF    DECISIONS.  67 

Besidence — Contiuued. 

127.  In  computing  the  period  of  residence  required  by  the  home- 

stead law,  in  the  case  of  a  claimant  who  had  entered  as  a 
pre-emption  a  less  quantity  of  land  than  that  filed  for,  and 
made  homestead  entry  of  the  balance ;  the  time  of  resi- 
dence under  his  i^re-emption  filing  cannot  be  included. 
Sec'y.  Mar.  25,  1882.     John  H.  Lessinger,  9  C.  L.  O.,  8. 

128.  The  rule  of  the  General  Land  Office,  requiring  six  months' 

residence  by  pre-emptor,  as  evidence  of  good  faith,  should 
not  be  indiscriminately  applied;  nor  when  good  faith  oth- 
erwise sufficiently  appears. 
Sec'y.  Apr.  13,  1882.    Alex.  Blair  et  al,  9  C.  L.  0.,3G.     Conlin 
V.  Yarwood,  7  C.  L.  O.,  118,  cited. 

129.  One  who  removed  from  residence  on  a  small  tract,  not  agri- 

cultural, within  the  meaning  of  the  statute,  near  or  within 
the  limits  of  a  town,  or  city,  is  not  inhibited  from  making 

Oom'r.  Feb.  1,  1882.     Sturgeon  v.  Euiz,  8  C.  L.  O.,  193. 

130.  If  good  faith  is  shown,  but  the  extent  of  the  pre-emptor's  resi- 

dence is  not  sufficient  to  justify  the  allowance  of  an  entry, 
the  claim  will  not  be  forfeited  if  the  time  for  proof  and 
payment  has  not  expired ;  but  the  settler  may,  at  a  subse- 
quent time,  be  allowed  to  enter  upon  showing  compliance 
with  law. 

Com'r.  (G.)     May  14,  1881.     Yalasquez  v.  Sabine. 

Com'r.  June  29,  1831.     Dale  v.  Smith. 

131.  The  heirs  of  a  deceased  pre-emptor,  or  those  entitled  to  per- 

fect his  claim,  are  not  required  to  reside  upon  the  land. 
They  are  entitled  to  complete  his  entry  even  though  he 
had  not  established  a  residence  there  if  his  intentions  are 
shown  to  have  been  those  of  a  bonajide  settler. 

Com'r.  (G.)     May  5,  1881.     Ole  K.  Knudson. 

Com'r.  (G.)     Aug.  7,  1882.     Heirs  of  Le  Claire  v.  Baker. 

132.  Actual,  upon  the  premises  until  final  i)roof  and  payment  are 

made,  is  required  by  the  i^re-emption  act. 
Aiken  v.  Ferry,  6  Saw.,  C.  C,  79. 
Homer  v.  Duggen,  56  Cal.  K.,  257. 

Review : 

133.  A  case  will  not  be  reopened  upon  a  motion  for  review  in  order 

to  apply  to  the  same  state  of  facts  hiter  rulings. 
Com'r.  (G.)'    June  30,  1882.     McBride  r.  Lebeher. 

See  Land  Department,  Nos.  5,  7;  (Com'r.  G.  L.  O.,)  Nos.  10,  11,  14. 

School  section  : 

134.  The  land  being  in,  upon  failure  of  the  original  settler  to  per- 

fect his  claim,  the  title  vested  in  the  State  by  relation,  as 
of  date  of  completion  of  the  survey. 
Sec'y.  Feb.  21,  1882.     Laesen  v.  Pechierer  &  Davis,  9  C.  L.  O., 
97.    Water  &  Mining  Co.  v.  Bugby,  G  Otto,  1G5;  Sherman  v. 
Buick,  3  Otto,  209,  cited. 


G8  DIGEST    OF    DECISIONS. 

School  section — Cont  imicil. 

135.  Tlu»  case  of  a  iti'oein])tor  wlio  settles  ii])on,  prior  to  survey  in 

the  Held  in  any  Territory,  is  one  between  such  settler  and 

the  Government,  and  a  lailure  to  tile  withiii  three  mouths 

will  not  i)reju(lice  his  claim. 
Cou^'r.  (G.)     May  10,  1881.     O.  A.  Sanders  v.  Jane  Hodgert,  7 

C.  L.  O.,  130,  cited. 
Com'r.  (G.)     Oct.  24,  1881.     J.  C.  Hyau. 

Selection : 

136.  The  approval  and  eertifi<;ate  of,  of  land  to  which  a  valid  ad- 

verse right  had  attached,  is  null  and  void. 
Com'r.  (G).    Dec.  15,  1881.    Garlick  i\  State  of  Cal. 

Settlement  : 

137.  Of  a  pre-emptor,  takes  effect  from  the  date  his  occupation  ac- 

cords with  his  iutention  to  claim. 
Sec'y.  Jan'y  13,  1881.    Day  v.  DeWitt. 

138.  No  specific  act  of,  after  restoratiou  of  the  land,  is  required  on 

the  part  of  a  settler  whose  every-day  life  cau  be  considered 
a  comiiliance  with  the  law ;  but  such  settler  cannot  em- 
brace in  his  claim  land  not  in  his  possession  whereon  are 
the  improvements  of  another  who,  like  himself,  has  settled 
without  the  i)rotection  of  the  law. 

Com'r.  (G.)     April  27, 1881.     Allen  v.  Lancaster,  8  C.  L.  O.,  177. 

Sec'v.  July  7, 1882.  Mvers  r.  Ball,  following  Corrigan  v.  Ryan. 
4  C.  L.  O.,  42. 

139.  Residence  is  not  essential  to  a  pre-emption  settlement,  but  set- 

tlement must  be  followed  by  residence  within  such  reason- 
able time  as  to  manifest  a  i)urpose  to  comi)ly  with  the  re- 
quirements of  the  law. 
Act'g  Sec'y.  Oct.  25,  J  882.     Mclnnes^'.  Strevell. 

140.  Personal  residence  or  inhabitancy  is  not  indispensable  to,  but 

a  party  to  initiate  a  legal  settlement  must  i^erform  some 
act  by  which  others  may  have  knowledge  of  his  claim  j 
something  that  cau  be  seen,  like  cutting  down  trees,  &'c. 
Com'r.  (G.)  April  29,  1881.  Gordon  v.  McXew.  Allmau  v. 
Thulon,  C.  L.  L.,  090,  cited. 

141.  It  is  always  desirable  and  expedient  that  the  act  of  settlement 

should  be  notorious  and  significant  of  a  purpose;  but  it 
would  neither  be  safe  nor  right  to  reject  claims  in  all  cases, 
because  of  a  lack  of  either  or  both  these  ingredients. 
Com'r.  (G.)     Mav  13,  1881.     Maxwell  i'.  Morgan,  10  Wash.  L. 
Rep.,  24.     Hull  v.  Hawkins,  C.  L.  O.,  191,  cited. 

142.  By  a  party  before  the  initiation  of  a  valid  adverse  claim,  although 

subsequent  to  his  filing,  the  Gov't  will  condone  his  negli- 
gence.    Where  the  Gov't  is  concerned,  liberality  is  the 
rule ;  but  where  adverse  rights  are  involved,  a  strict  con- 
struction of  the  statute  must  be  maintained. 
Com'r.  Dec.  18, 1880.     R.  &  R.,  Salt  Lake  City,  7  C.  L.  O.,  104. 
But  see  Act'g.  Sec'y.  to  Com'r.  Aug.  31,  1880.     Genzel  v. 
Gschwend,  8  C.  L.  O.,  159. 
143.  In  Utah,  with  a  view  to  preemption,  if,  on  survey,  found  to  be 
upon  sections  16  or  30,  is  protected.     The  Territory  has  no 
vested  interest  in  those  sections,  but  merely  a  reservation 
for  a  prescribed  use  which  does  not  attach  in  above  case; 
the  legal  title  remaining  in  the  U.  S. 
Sec'y.  Nov.  16,  1880,  7  C.  L.  O.,  136. 


DIGEST    OF    DECISIONS.  69 

Settlement — Continued. 

144.  Upon  part  of  a  quarter- section  entitles  the  settler  to  pre-empt 
the  whole  thereof,  as  against  subsequent  settlers ;  and  they 
accquire  no  right  by  purchasing  the  claim  of  a  prior  settler 
unless  by  actual  entry  he  had  acquired  a  transferable  in- 
terest in  the  land. 
Quinby  v.  Conlan,  104  S.  C,  420. 

145.  Proof  of,  &c.,  required  by  law  to  be  made  to  the  satisfaction 

of  the  E.  &  E.,  is  essential  to  the  right  of  the  party  to 
enter. 
Chairman  v.  Quinn,  5Q  Cal.  E.,  266. 

See  Pre-emption,  (town  lots,)  Nos.  154,  155,  156. 

Sioux  Indian  lands  : 

146.  Act  of  March  3,  1863,  for  sale  of,  construed.    Must  be  sold  at 

their  full  appraised  value,  but  in  no  case  at  less  than  $1.25 
per  acre,  even  though  the  appraisal  is  less  than  that  sum. 
Sec'y.  July  24,  1882.   D.  W.  Diggs,  9  C.  L.  O.,  104. 

Southern  States  : 

147.  The  lands  in  certain,  restored  to  preemption  and  sale,  by  act 

of  July  4, 1878,  which  were  once  "offered,"  must  continue 
to  be  considered  as  "offered"  in  the  treatment  of  pre- 
emption claims. 
Act'g  Sec'y.  May  27,  1881.    9  W.  L.  Eep'r,  367. 

148.  They  are  not,  however,  subject  to  private  entry  until  they  shall 

have  been  reoffered. 
Id. 

State  selection: 

149.  On  unsurveyed  lands,  as  good,  in  the  absence  of  any  pre- 

emption once  made  on  surveved  lands. 
TJ.  S.  V.  Chapman,  5  Saw.,  C.  C,  528. 

Technicality : 

150.  Whoever  relies  on,  to  defeat  an  equitable  right,  must  himself 

show  technical  compliance  with  legal  requirements. 
Act'g  Sec'y.  Aug.  11, 1882.     Garner  v.  Suowden,  9  C.  L.  O.,  116. 

Timber  : 

161.  The  conversion  and  sale  of,  for  neighborhood  purposes,  not 

necessarily  indicative  of  bad  faith  in  a  pre-emptor.    The 
pre-emptor  has  the  right  to  convert,  by  means  of  a  saw- 
mill, and  dispose  of  it  for  his  own  benefit. 
Sec'y.  Oct.  11, 1882.     State  of  Cal'a  v.  Dougherty  ct  al.   Frank- 
lin Shissler,  7  C.  L.  O.,  37,  cited. 

See  Pre-emption,  (prdference  right,)  Nos.  107,  108. 

Town  lots: 

162.  Claimants  of,  under  E.  S.  2382,  are  not  required  to  give  notice 

of  their  intention  to  make  entry  under  act  of  March  3, 
1879,  but  should  give  notice  to  adverse  claimants  by  per- 
sonal service  or  through  the  mails. 
Com'r.  (G.)    July  14,  1882.    E.  &  E.,  Boise  City,  I.  T. 


70  DIGEST    OF    DECISIONS. 

Town  lots — Coiitimiotl. 

153.  The  rulo  of  the  in'c-eiupt-it)!!    law  that  dedaratory  stateinout 

shall  bo  liled  within  throe  months  does  not  apply  in  towu- 
lots  eases. 
Id. 

154.  The  "actual  settler"  upon,  must  bo  an  actual  resident. 
Com'r.  (G.)     Au{X.  14,  1882.     11.  &  R.,  Boise  City,  I.  T. 

165.  The  right  of  pre-emption  fjranted  settlers  upon,  is  restricted  to 
the  lot  settled  upon  and  one  additional  lot,  upon  which 
the  settler  mav  have  substantial  improvements. 
Id. 

156.  Settlers  upon,  are  required  to  file  their  declaratory  statements 

and  to  have  the  ])ersonal  qualitications  of  pre-emptors. 
Com'r.  (G.)     Aug.  14,  18S2.     II.  &  II.,  Boise  City,  I.  T. 

157.  Contests  between  claimants  of,  will  be  governed  by  the  Rules  of 

Practice  as  in  other  cases. 
Id. 

Town  site: 

168.  Is  a  pre-emption ;  and  parties  claiming  under  the  town-site 

laws,  through  the  proper  authorities,  stand  upon  the  same 
footing  as  pre-emptors. 
Com'r.  (G.)     Feb'y  15,  1881.     R.  &  R.,  Miles  City,  Montana. 

169.  Instructions  as  to  entry,  proof,  and  payment  in  town-site  cases. 
Com'r.  (G.)    Mch.  18,  1882.    Town  of  Bellevue,  I.  T.,  9  C.  L.  O., 

28. 

160.  The  inhibition  that  one  removing  from  his  own  land  in  the 
State  or  Territory,  on  to  public  land,  is  not  a  qualified 
pre-emptor,  applies  to  one  who  owns  and  removes  from 
forty  acres  within  a  town  site.  The  exemption  in  favor  of 
owner  of  toic7i  lots  from  the  restriction,  modified  as  above. 
Com'r.  Jan.  3,  1881.     White  v.  Warren,  7  C.  L.  O.,  164. 

Transmutation : 

161.  Pre-emptors  applying  to  transmute  their  filings  to  homestead 

entries,  required  to  give  notice  to  adverse  homestead  claim- 
ants, who  will  be  allowed  to  contest  the  application. 
Com'r.  (G.)     Sept.  25,  1882.     Wolf  v.  Struble,  9  C.  L.  O.,  148. 

162.  Transmutation  of  a  filing  to  homestead  entry  exhausts  pre-emp- 

tion right. 
Sec'y.  July  21, 1881.     John  Gunn, 

Trespass  : 

1G3.  Upon  the  public  lands  will  not  be  sustained  under  the  decision 
in  Atherton  v.  Fowler;  nor  will  the  claim  of  a  person  who 
is  qualified,  and  has  complied  with  law,  be  subject  to  de- 
feat in  favor  of  an  unlawful  occupant. 
Act'g  Sec'y.  Oct.  1, 1881.    Marks  v.  Bray,  8  C.  L.  O.,  139. 

Valentine  scrip  : 

164.    The  law  excludes  the  location  of,   upon  occupied  public 
lands. 
Com'r.  (G.)     Oct.  15, 1881.     Moore  v.  Horner. 


DIGEST    OF   DECISIONS.  71 

Waiver : 

165.  After  the  parties  have  proceeded  to  trial  upon  the  merits  or 

the  case,  without  objection  by  either  that  there  was  no  pre- 
liminary affidavit  of  contest,  the  proceedings  will  not  be  va- 
cated for  that  reason. 
Sec'y.  Jan.  15, 1881.    Kort  v.  Helton. 

166.  The  marriage  of  a  single  woman,  subsequent  to  filing  and  prior 

to  entry,  is  a  waiver  of  her  pre-emption  right  to  the  tract 
filed  upon. 
Sec'y.  Apr.  19,  1881.     Eosana  Kennedy,  9  W.  L.  Eep'r,  283. 

167.  But  her  marriage  subsequent  to  her  application  to  enter, 

should  not  prevent  completion  of  her  entry. 
Com'r.  (G.)   Oct.  28, 1882.     Spates  v.  Cameron,  10  W.  L.  Eep'r, 

747. 

168.  Failure  to  appeal  from  decision  of  the  local  officers  is  a  waiver 

of  any  rights  which  the  party  may  have  had  in  the  land  in 
controversy. 
Sec'y.  Sept.  29, 1882.    Jefferson  v.  Shaw. 

169.  The  local  officers,  in  citing  parties  to  trial  before  the  clerk  of 

the  court,  violated  Eule  35  of  Practice ;  but  by  consenting 
to  the  proceedings,  the  parties  waived  any  irregularities 
therein. 
Sec'y.  Nov.  27,  1882.     Jordan  v.  Wright,  10  W.  L.  Eep'r,  792. 

170.  If  the  parties  proceed  to  trial  upon  the  merits  of  a  case,  with- 

out objection,  it  is  too  late,  after  the  decision  of  the  local 
officers,  to  object  to  their  jurisdiction. 
Com'r.  (G.)     Jan.  20, 1881.     Zachary  t?.  Westbrook. 

Wife : 

171.  A  divorced  wife  cannot  claim  the  benefit  of  acts  performed  by 

her  husband  during  coverture.     She  can  only  procure  title 
under  the  pre-emption  law,  by  virtue  of  specific  acts  per- 
formed by  herself  when  a  feme  sole  and  the  head  of  a 
family. 
Sec'y.  Feb.  21, 1882.    Larsen  v.  Pechierer  et  al,  0  C.  L.  O.,  97. 

172.  While  full  faith  and  credit  must  be  given  to  the  decree  of  the 

court  granting  a  divorce,  it  is  competent  for  the  Depart- 
ment and  the  General  Land  Office  to  consider  collateral 
facts  respecting  the  relations  of  the  parties  to  the  decree, 
for  the  purpose  of  deciding  whether  the  divorced  wife  was 
the  head  of  a  family  and  a  bona  fide  settler. 
Act'g  Sec'y.  Nov.  9,  1882.    Critchtield  v.  Lewis. 

173.  Deserted  by  her  husband,  is  qualified  to  initiate  a  claim  in  her 

own  right,  but  succeeds  to  no  benefits  under  any  filing  he 
may  have  made. 
Com'r.  (G.)     Oct.  11, 1881.     Bogardus  v.  Glaze. 

174.  Where  a  wife  endeavors  to  save  her  imprisoned  husband's 

right  of  entry,  by  com])liance  with  law  in  his  stead,  the  same 
considerations  must  be  applied  to  her  acts,  as  illustrative 
of  good  or  bad  faith,  as  would  be  ai)])lied  to  his. 
Com'r.  (G.)    Mar.  20,  1882.    Bates  v.  Eeed,  9  0.  L.  O.,  8. 

See  Railroads,  (Arkansas,)  No.  2;  (settlement,)  No.  61. 


72  digest  of  decisions. 

phe-emi'tiox  claim. 

Seo  rn-cinptioii,  (inoorporatod  liiiiitH, )  No.  74. 

Private  land  claims,  (Sup.  Court  Kcrip,)  Nos.  120, 121. 
Eailroads,  Nos.  42, 415;  (filiuf,',)  Nos.  I'J,  i;J, 

PRE-EMPTIOX  CLAIMANT. 

Seo  Public  hutdn,  (recoid,)  No.  305. 
Railroads,  Nos.  44,45. 

PRE-EMPTION  LAW. 

Seo  Public  lands,  No.  287. 

Railroads,  (O.s.agc  ceded  Lands,)  Nos.  34, 35. 

PRE-EMPTION  RIGHT. 

See  Pre-emption,  No.  101,  et  seq. 
Railroads,  No.  46. 

PRE-EMPTORS. 

See  Accounts,  (repayment,)  No.  40. 

Public  lands,  (homestead  claimant,)  No.  204. 
Railroads, 'Nos.  47,  i8;  (declaratory  statement,)  No.  6. 

PREFERENCE  RIGHT. 

See  Pre-emption,  Nos.  105,  et  seq. ;  (occupation,)  No.  85. 
^  Public  lands,  No.  288,  et  seq.;  (relinquishment,)  No.  323. 

Private  land  claims,  (Oregon  donations, )  No.  64. 

PRESUMPTION. 

See  Mines,  ^c,  (evidence,)  No.  83;  (mineral entry,)  No.  136;  (non-mineral 
affidavits,)  No.  152. 

PRIORITY. 

See  Pre-eviption,  (default,)  No.  40. 

Mines,  ^c,  No.  188;  (survey,)  No.  223 

PRIVATE  ENTRY. 

See  Pre-emption,  Nos.  110,  111. 

PRIVATE  LAND  CLAIMS.— DIVISION  D. 
Acceptance: 

1.  Of  tlie  legal  evidence  of  title  for  amount  of  land  awarded,  after 

apjieal  from  award  on  ground  of  its  insufficiency,  operates 
as  a  waiver  of  the  appeal,  and  probably  as  a  release  of 
further  claim. 
Sec'y.  June  12,  1882.    Estafana  Hicldin. 

Act  of  June  22,  1860: 

2.  Claims  under,  in  the  absence  of  proof  of  title  as  required 

thereby,  or  of  continuous  j)ossession,  as  i)rovided  by  the 
act  of  June  10,  1872,  cannot  be  favorably  recommended  to 
Congress  for  coufirmation. 
Com'r.  (D.)   June  2,  1882.     Bradish  Johnson. 

3.  Claims  under,  must  be  accomi)anied  hj  proof  of  valid  grant 

and  interest  (title)  of  claimants. 
Com'r.  (D.)   Nov.  2,  1881.    JS'ew  Orleans  Canal  and  Banking 
Co. 


i 
I 


DIGEST    OF    DECISIONS.  73 

Aot  of  June  22,  18G0 — Contiuued. 

4.  Eequired  of  claimants  to  give  specific  notice  of  their  claims, 
accompanied  by  a  sworn  statement  of  the  same;  an  abstract 
of  their  title  and  the  evidence  in  support  of  their  claims 
and  title.  Allegation  and  proof  of  title  in  another,  and 
claiming  as  his  "legal  representatives,"  without  proof  of 
derived  interest,  not  sufficient. 
Com'r.  (D.)  July  13,  1882,  heirs  of  J.  H.  Mcintosh ;  July  20, 
1882,  Pierre  Puisseau;  July  28,  1882,  heirs  of  T.  E.. Jen- 
nings. 

6.  Eequisites  to  confirmation  under. 

Oom'r.  (D.)  Aug.  20, 1880,  Catholic  church  of  Opelousas;  Sept. 
29,  1880,  V.  D.  Walsh ;  Oct.  30,  1880,  J.  Florentine  Pioret 
and  Smith  and  N"ettles;  ISTov.  6,  1880,  Charles  Portier  and 
Wm.  Ball ;  :N^ov.  15,  1880,  Mrs.  Zenon  Boutte ;  Jan.  20, 
1881,  Mrs.  Evariste  Blanc;  Feb.  21,  1881,  J.  C.  Cofield ; 
Mar.  17,  1881,  Legal  Eep's  of  L.  N.  Shelton ;  Mar.  18,  1881, 
Eafael  Segoura. 

Appeal : 

6.  Whether  parties  are  entitled  to,  under  the  rules,  depends  upon 

their  status  in  the  proceedings,  the  provisions  of  law.,  and 
the  rules  and  decisions  of  the  Dep't  a|4plicable  to  the  case, 
(and  not  to  notice  given  to  them  by  officer  of  the  Land 
Department,)  as  to  which  they  must  act  in  their  own  dis- 
cretion. 
Com'r.  (D.)     Aug.  7,  1880,  Pueblo  lands  of  San  Jose. 

7.  IS'ot  effective,  under  Eule  90,  upon  failure  to  file  specifications 

of  errors,  as  required  by  Eule  88. 
Com'r.  (D.)     July  3,  1882.     Town  of  Tecolote. 

8.  From  E.  and  E.,  under  Vigil  and  St.  Vrain  grant  in  New  Mex- 

ico, lies  to  Com'r  G.  L.  O. 
Leitensdorfer  v.  Craig,  5  Dillon,  C.  C,  419. 

Boundary: 

9.  Set  out  by  a  tribunal  of  competent  jurisdiction  (as,  in  California, 

the  Land  Commission,)  is  conclusive  upon  all  parties,  unless 
declared  erroneous  upon  appeal. 
Sec'y.  July  28,  1882.     Corte  de  Madera  del  Presidio. 

10.  The  magistrate  delivering  possession  of  a  Spanish  or  Mexican 

grant  was  confined  to  the  limits  designated  in  the  grant  or 
order  under  which  he  acted. 
U.  S.  V.  Castro,  5  Saw.,  C.  C,  625. 

11.  Where  proof  as  to  boundary  of  claim,  taken  on  a  second  investi- 

gation, sbows  that  i^revious  decisions  have  been  made  upon 
misrepresentation  or  mistake  as  to  pertinent  facts  involved, 
amendment  of  survey  will  be  ordered. 
Com'r.  (D.)     June  13,  1881.    Town  of  Tecolote. 

12.  When  boundary  line  is  by  the  descriptive  call  to  terminate  at 

the  sea  shore,  the  terminal  i)oint  is  reached  at  the  intersec- 
tion of  such  line  with  the  line  of  tide- water  of  an  inlet  or 
arm  of  the  sea. 
Com'r.  (D.)     May  25, 1882.     Santiago  de  Santa  Ana. 


<4  DIGEST    OF    DECISIONS. 

Boundarf^ — Coiitiuiu'd. 

i;>.   Wlu'io,  by  ail  alU>j;e(l  niisuiulcistaiuliiig,  a  wrong  location  of  a 
contiollinj;-  boumlary  \nnui  lias  been  made,  an  investiga- 
tion will  be  ordered,  and  ou  proof  establishing  the  fact,  a 
new  survey  directed. 
Com'r.  (D.)     Oct.  29,  1880,  May  13,  1881.    Las  Virgones. 
Acting  Sec\v.  Oct.  22,  1880. 

British  subjects: 

See  Private  land  claims,  (Oregon  donations,)  No.  50. 

Chaniuti  cUiim  (Saint  Louis,  Mo.): 

14.  Decision  of  Com'r.  (D.)    Aug.  26,  1879.    Eeports  of  same  to 

Dep't.  Oct.  9,  1879,  Sept.  27,  and  Dec.  24,  1880. 
'  Decision  of  Sec'y-  Mar.  2,  1881. 

Compute  title  : 

15.  Claims  under  foreign  grants,  as  conferring  "  complete  title,"  not 

requiring  confirmation,  are  not  subject  to  affirmative  adju- 
dication by  the  Land  Dep't. 
Com'r.  (D.)    June  2,  1882.    Bradish  Johnson,  La. 

Construction : 

16.  Act  of  May  9,  1876,  relating  to  the  eastern  boundary  of  the 

Presidio  military  reservation  at  San  Francisco,  and  its  ap- 
plication to  the  subject-matter. 
Sec'y.  Aug.  2,  1882. 

17.  Acts  of  1860  and  1864  and  their  application  as  to  the  publicaa 

tion  of  surveys  of  private  land  claims,  and  the  jurisdiction- 

of  the  same  under  such  publication. 
Com'r.  (D.)     April  21,  1879.     Eancho  Napa. 
Sec'y.,  (in  affirmance,)  Sept.  20,  1879,  8  C.  L.  O.,  39. 

18.  Api)lication  of  documents  and  evidence  in  case  of  pueblo  lands 

of  Monterey,  tract  No.  3. 
Sec'y.  Feb.  2,  1881,  7  C.  L.  O.,  182. 

19.  A  decree  of  confirmation  should  be  so  construed  as  to  harmonize 

all  its  parts,  and  if  ambiguous  to  give  effect  to  its  inten- 
tion.    If  a  subsequent  clause  is  obscure  it  will  not  control 
a  previous  clear  one. 
Act'g.  Sec'y.  May  21,  1881.     San  Jacinto  Nuevo  y  Potrero. 

20.  A  grant  for  a  "  sobrante"  (surplus)  is  not,  necessarily,  a  grant 

by  name;  and  the  designation  "sobrante"  is  subject  to 
accompanying  qualifying  words,  which  are  not  repugnant 
but  explanatory. 
Sec'y.  Feb.  26,  1881.    El  Sobrante. 

21.  A  grant  in  Louisiana  for  a  rear  depth  for  the  purpose  of  reach- 

ing the  cypress  timber,  stated  by  petitioner  to  be  at  a  league 
and  a  half  distance,  and  granted  for  the  vacant  land  back 
of  his  front  40  arpents,  without  specification  as  to  depth, 
should  be  governed  as  to  extent  of  depth  by  the  intention 
of  the  parties  manifested  by  the  object  in  view  as  set  forth 
by  the  petitioner. 
Com'r.  (D.)     Oct.  10,  1882.    Heirs  of  John  Burnside. 


DIGEST    OF   DECI8I0NR.  75 

Construction — Continued. 

22.  In  determining  the  extent  of  a  grant  where  the  limit  is  not 

specified,  the  intent  of  the  parties,  the  petitioner  and  the 
granting  jiower,  will  govern,  and  is  to  be  sought  in  the  mo- 
tive prompting  their  action  and  the  object  aimed  at ;  to  be 
ascertained  from  their  words,  acts,  and  accompanying  cir- 
cumstances. 
Id. 

23.  "  Mexican  grantee,"  as  used  in  the  act  of  July  23, 1866,  does  not 

mean  a  person  to  whom  a  Mexican  grant  has  actually  been 
made ;  but  one  who,  in  good  faith,  has  purchased  land  sup- 
posed to  have  been  so  granted  and  improved,  and  continued 
in  possession  thereof. 

Bascom  v.  Davis,  56  Cal.  R.,  152 :  Hosmer  v.  Duggan,  257. 

Id. 

24.  Section  7  of  act  of  June  22,  1860,  which  provides  that  where 

claims  presented  under  it  have  been  before  a  former  board 
of  commissioners,  the  facts  reported  as  proven  by  such 
board  shall  be  taken  as  true  prima  facie,  does  not  bind  ad- 
judications under  said  act  by  the  conclusion  of  the  board 
upon  the  facts  so  reported. 
Com'r.  (D.)     July  15,  1882.     Heirs  of  John  H.  Mcintosh. 

26.  The  decision  of  the  Dep't  in  the  "Lampoc  contest "  did  not  in- 
volve the  extent  of  the  Rancho  Mission  la  Purisima,  nor 
hold  it  to  be  a  sobrante  in  the  general  acceptation  of  the 
term,  but  only  as  regarded  the  Eancho  Lampoc  and  its 
northern  boundary. 
Sec'y.    July  19,  1882.    Mission  de  la  Purisima. 

26.  The  owners  of  a  private  land  claim  can  take  no  more  than  was 

claimed  in  the  petition  for  confirmation  and  designated  in 
the  decree  of  confirmation. 
Id. 

Donations  : 

See  Private  land  claims,  (New  Mexico  donations,)  No.  41  ;  (Oregon  dona- 
tion,) No.  46. 
Estoppel : 

27.  A  purchaser  of  a  private  land  claim  cannot  chiim  relief  from 

the  effect  of  his  own  negligence.     He  is  bound  to  investi- 
gate the  title,  and  in  respect  to  knowledge  of  matters 
affecting  it  stands  in  the  same  position  as  his  grantor,  and 
each  was  chargeable  with  all  that  the  record  showed. 
Sec'y.  Mar.  2, 1882.     Ohauviu  case,  (and  numerous  cases  cited.) 

Fraud : 

28.  Mistake  and  complicity  of  deputy  surveyor,  alleged,  in  location 

of  a  patented  private  land  claim,  suit  to  set  aside  i)atent 
recommended. 
Com'r.  (D.)    Aug.  3,  1881.     Canon  del  Agua,  N.  M. 

French  grants  in  Louisiana : 

29.  After  the  cession  of  tlie  province  to  Spain,  Nov.  3, 1762,  (in  the 

absence  of  proof  of  the  recognition  thereof  by  Spain,  after 
the  transfer,)  were  void. 
Com'r.  (D.)     Nov.  21,  1881,  New  Orleans  Canal  and  Banking 
Co.;  June  2,  1882,  Bradish  Johnson. 


T()  DIGEST    OF    DECISIONS. 

Ileadright.'i  : 

30.  Coiu'ossiousof,  in  Florida,  ivgulal  ions  and  roquisitcs,  provisions 

deteimininj;'  ai)i)roi>iiato  (juantily  of  land,  possession  uec- 
essarv,  «&('.,  fonsidcii'd. 
Coin'r.  (I).)     July  15,  1882.     Ueirs  of  John  11.  Mcintosh. 

Indemniiii  scrip: 

31.  Act  of  June  15,  1880;  for  required  quantity  at  $1.25  per  acre; 

locatable  upon  any  land  not  mineral,  subject  to  entry;  and 
if  located  upon  double -minimum  lands,  one  acre  thereof 
to  satisfy  two  acres  of  the  scrip. 
Com'r.  (D.)  '  Oct.  27,  1880.    Israel  Dodge. 

32.  Assignment  of,  by  "  legal  representatives."    Eequisites  to  its 

authentication. 
Com'r.  (D.)     June  6,  Oct.  29,  Dec.  27, 1881.     Walter  Fenwick, 
is'ov.  11,  1881. 

33.  Assignment  of,  by  attorney  to  be  recognized  as  valid,  must  be 

accompanied  by  evidence  of  his  authority  to  act  in  that 
capacity  in  the  case. 
Com'r.  (D.)     Sept.  27,  1882. 

Interference : 

34.  Claim  in  Louisiana  confirmed  by  act  of  May  24, 1828,  and  located 

by  district  officer,  Dec.  28,  1852;  interfering  cash  entry 
and  State  swamp  land  selections  held  invalid  and  patent 
directed  to  claimants. 
Com'r.  (D.)    June  25,  1881.    Dempsey  Isles. 

Investigation : 

35.  At  any  time  before  final  approval  of  survey,  where  further  in- 

vestigation appears  to  be  necessary,  it  may  be  ordered. 
Sec'v.  June  17, 1881. 
Com'r.  (D.)    Oct.  12, 1881.    Pueblo  lands  of  San  Jos6. 

36.  May  be  directed  by  G.  L.  O.,  under  act  of  July  1,  1864,  in  case 

of  surveys  not  objected  to  on  publication. 
Sec'y.  Julv  14, 1880. 
Com'r.  (D.)     May  25, 1882.     Santiago  de  Santa  Ana. 

37.  Ordered  after  two  surveys  of  claim,  on  ground  of  alleged  mis- 

take in  location  of  controlling  point  in  boundary. 
Com'r.  (D.)     Sept.  20, 1880.     Town  of  Tecolote. 

Jurisdiction : 

38.  The  decision  of  a  court  of  competent  jurisdiction  cannot  be  re- 

viewed or  disregarded  by  the  Land  Departmont. 
Sec'y.  Jan.  4, 1882.     Eancho  Alisal,  9  C.  L.  O.,  11. 

39.  The  act  of  July  1,  18G4,  gave  the  United  States  district  court 

jurisdiction  of  surveys  ijending  therein  at  its  passage, 
though  approved  before  the  passage  of  the  act  of  June  14, 
1800,  and  not  then  returned  into  court,  but  afterwards 
improperly  ordered  there,  under  said  last-mentioned  act. 
Former  decisions  of  Com'r  and  Department  to  the  contrary 
considered  and  overruled. 
Id. 


DIGEST    OF   DECISIONS.  77 

Jurisdiction — Continued. 

40.  When  the  district  court,  under  act  of  June  14, 1860,  had  ordered 

a  survey  of  a  confirmed  Mexican  claim  into  court  for  exam- 
ination, its  jurisdiction  over  it  continued,  and  over  any- 
new  survey  directed  by  it,  until  the  survey  was  finally  dis- 
posed of,  notwithstanding  the  jsassage  of  the  act  of  July 
1,  1864. 
TJ.  S.  V.  Castro,  5  Saw.,  C.  C,  625. 

New  Mexico  donations : 

41.  Lands  in  that  part  of  Colorado,  which,  on  the  22d  of  July,  1854, 

formed  part  of  the  Territory  of  New  Mexico,  are  subject  to 
the  provisions  of  the  act  of  that  date  granting  donations, 

i&C. 

Com'r.  (D.)    Feb.  8,  1882.    M.  Salazar. 

42.  Notification  standing  intact,  on  record  of  local  ofiBce,  operates, 

for  the  time  being,  as  a  reservation  of  the  land  claimed. 
Com'r.  (D.)    Mar.  25,  1882.     R.  &  R.,  Santa  F^. 

43.  There  appears  to  be  no  limitation  as  to  the  time  within  which 

claims  under  act  of  Julv  22,  1854,  must  be  ijerfected. 
Id. 

44.  The  proviso  in  the  2d  section  of  the  act  of  July  22,  1854,  is  ex- 

plicit as  to  the  time  within  which  donees  are  required  to 
designate  the  boundaries  of  their  claims. 
Com'r.  (D.)     Feb.  13,  1882.     R.  &  R.,  Santa  Fe. 

45.  Under  act  of  July  22,  1854,  donations  are  required  to  include 

the  actual  settlements  and  improvements  of  the  claimant ; 
to  be  selected  by  legal  subdivisions  within  three  months 
after  survey,  if  made  before  survey,  and  if  after,  within 
three  months  after  settlement;  the  boundaries  to  be  desig- 
nated within  that  time. 
Com'r.  (D.)     Mar.  10,  1882.     R.  &  R.,  Santa  F6. 

Oregon  donations  : 

46.  A  qualified  claimant,  whose  residence  and  cultivation  upon  his 

claim  has  continued  over  one  year,  is  entitled  under  the 
1st  section  of  the  act  of  July  17, 1854,  to  purchase  the  land 
claimed  at  $1.25  per  acre. 
Com'r.  (D.)     Feb.  0,  1881.     W.  D.  Jasper. 

47.  A  single  vv^oman  who  settled  in  Oregon  in  1853  cannot  claim 

donation  under  the  5th  section,  act  of  Sept.  27,  1850;  that 
section  being  limited  to  white  male  persons. 

Com'r.  (D.)    June  18,  1881.     Mrs.  Brewer. 

Sec'y.  June  29,  1882. 

48.  A  homestead  claim,  initiated  upon  the  claim  of  a  donation 

claimant,  before  completion  of  the  required  term  of  resi- 
dence, «&c.,  is  an  "adverse  right"  within  the  meaning  of  the 
act  of  June  25,  1864;  and  as  such,  defeats  a  notification 
subsequently  filed  by  the  administrator  of  the  deceased 
donation  claimant. 
Com'r.  (D.)     Dec.  4,  1880.     Heirs  of  Oliver  v.  Guerin. 


78  DIGEST    OF    DECISIONS. 

Oregon  donations — Continued. 

49.  At  law  under  Orej^on  donation  act,  a  i)atent  to  a  raarried  man 

and  his  wife  by  name,  cannot  bo  avoided  by  showing  that 
the  true  wife  was  another  person  than  the  one  named  in 
the  patent. 
Sharp  V.  Stephens  et  al,  6  Saw.,  C.  C,  48. 

50.  British  subjects,  by  treaty  of  1840,  under  provisional  j]:overn- 

ment  in  Orejxon,  had  only  possessory  ri;;ht  in  land  settled 
upon,  whicli  went  to  administrators  and  not  to  heirs. 
Georgetown  v.  De  Ilaven  and  wife  ct  al.,  5  Saw.,  C.  C,  14G. 

61.  Claim  by  settler  in  good  faith  upon  land  partiallj'  within  one 
mile  from  military  reservation  at  Vancouver,  held  valid 
for  that  part  outside  of  the  one  mile  line;  but  investiga- 
tion ordered  to  determine  as  to  the  bona  fides. 
Sec'y.  Feb.  1,  1881.     A.  J.  Bolon. 

52.  Claimant  having  died  before  completing  required  term  of  re^si- 

dence  and  cultivation,  and  the  tract  being  claimed  by  a 
homestead  settler,  the  administrator  of  the  deceased  pros- 
pective donee  has  no  legal  status  to  contest  the  homestead 
claim. 
Com'r.  (D.)     Dec.  4,  1880.     Heirs  of  Oliver  v.  Guerin. 

53.  Claimant  dying  before  completion  of  term  of  residence,  &c., 

certificate  in  name  of  deceased  and  his  widow  is  erroneous ; 
should  be  to  widow  and  heirs. 
Com'r.  (D.)    May  5,  1880.    Heirs  of  J.  H.  Conner. 

54.  Claim  of  donation  having  been  abandoned,  before  completion 

of  term  of  residence,  notification  will  be  canceled. 
Com'r.  (D.)     Feb.  24,  1881.     U.  H.  Dunning. 

55.  Claimant  being  a  citizen  of  the  United  States  above  18  years  of 

age  and  resident  of  Oregon  at  date  of  passage  of  act  of 
Sept.  27,  1850,  but  not  married  until  after  one  year  from 
Dec.  1,  1850,  was  entitled  to  320  acres  donation  as  a  single 
man.     Certificate  to  husband  and  wife  erroneous. 
Com'r.  (D.)     June  22,  1881.     Miller  and  wife. 

56.  Donation  certificate  to  donee  claimant  as  a  married  man,  he  not 

having  been  married  until  after  a  year  from  Dec.  1,  1850, 
held  erroneous  and  new  certificate  directed. 
Com'r.  (D.)     May  12,  1881.     Charles  Ham. 

67.  Certificate  to  donation  claimant  as  a  single  man,  who  at  the 

date  of  his  arrival   in  Oregon,  was,  in  fact,  married,  is 

erroneous.     Certificate  dire'cted  to  issue  to  husband  and 

wife. 

Com'r.  (D.)     June  11,  1881.     Thos.  Graham ;  same,  C.  A.  Deal. 

58.  "Children,"  under  section  4  of  Oregon  donation  act,  includes 

grandchildren. 
Cutting  V.  Cutting  et  al,  6  Saw.,  C.  C,  396. 

59.  "Children  or  heirs,"  grant  to  in  section  4,  Oregon  donation 

act,  take  effect  first  to  children;  and  only  to  heirs  in  de- 
fault of  children. 
Id. 


DIGEST   OF    DECISIONS.  79 

Oregon  donations — Continued. 

60.  "  Children,"  under  Oregon  donation  act,  on  dt^ath  of  parent, 
(settler,)  take  direct  as  donee  of  United  States  and  not  by 
descent. 
Id. 

6i.  Commutation,  under  Oregon  donation  act — settler's  right  to,  is 
a  question  of  law,  and  the  decision  of  the  Land  Dep't  sub- 
ject to  review  by  circuit  court. 
Bear  v.  Luce,  6  Saw.,  C.  C,  148. 

62.  Heirs  at  law  and  widow  of  deceased  donation  claimant  talie  the 

land  in  common ;  no  division  by  the  land  officers  is  author- 
ized by  law. 
Com'r.  (D.)     Mar.  17, 1882,  heirs  of  Elijah  Elliott ;  May  5, 1882, 
heirss  of  J.  H.  Conner. 

63.  Lands  claimed  under  the  donation  act  are  segregated  when  the 

notification  is  iiled.    Claimants  should  be  held  to  the  lines 
of  description  in  their  original  notification. 
Com'r.  (D.)    May  25,  1882.     Atwell  and  Chipman. 

64.  Land  Dep't  on  relinquishment  of  donation  claim  has  no  power 

to  grant  a,  preferenee  right  to  one  desiring  to  make  a  home- 
stead of  the  land  relinquished.     Parties  must  be  governed 
by  the  law  and  regulations  applicable  to  the  case. 
Com'r.  (D.)    June  2,  1882. 

65.  Notification  segregates  the  land  claimed  as  a  donation,  and  sub- 

sequent survey,  which  did  not  locate  it  as  thus  described, 

Com'r.  (D.)     April  27,  1881.     John  J.  Elliott. 
Sec'y.  Mar.  6,  1882. 

66.  Notice  and  proof  by  claimant  (of  long  anterior  settlement) 

within  twelve  months  after  survey  sufficient  under  7th  sec- 
tion of  act  of  Sept.  27,  1850,  to  establish  his  right  against 
claim  under  railroad  grant ;  although  the  line  of  road  was 
definitelv  fixed  before  such  notice  and  proof. 
Com'r.  (D.)  ^June  6,  1882.    Baptiste  Peon. 

67.  Notification  by  A,  with  which  subsequent  notification  by  B  was 

in  partial  conflict;  and  on  final  proof  by  B,  A,  under  affi- 
davit that  he  was  in  no  vfay  interested  in  the  land  claimed 
by  B,  held  an  abandonment  by  A  to  the  extent  of  B's  noti- 
fication. 
Com'r.  (D.)     May  31,  1881.     A.  Sulgar. 

68.  Notification  canceled  where  party  made  a  subsequent  notifica-. 

tion  on  different  land,  which  on  final  proof  was  patented. 
Com'r.  (D.)     April  13,  1881,  Watson  and  wife ;  May  22,  1881, 
Crawford;  June  4,  1881,  And'w  Hale. 

69.  Objection  not  being  made  by  donation  claimant  to  subsequent 

settlement,  and  notification  by  another  on  the  same  land 
taken  as  evidence  of  abandonment  by  original  claimant, 
and  his  claim  canceled. 
Com'r.  (D.)     Aug.  12,  1882,  B.  Soden:  Aug.  24,  1882,  J.  M. 
Mitchell. 


80  DIGEST    OF    DECISIONS. 

Oregon  (londlicus — ( 'oiiiimicd. 

'to.    Orphans  wluKso  ])aroiits  died  in  Oroj^oii  in  July,  1850,  liaving 
acciuiivd  ni)  ii';hts  under  the  act  of  Sept.  27,  1850,  are  not 
entitled  to  elaini  douatiou  uuder  the  5tli  section  of  the  aet 
of  duly  17,  1854. 
Corn'r.  (D.)     Jan.  14,  1881.     Mrs.  Ladd  nee  Caveuaugb. 

71.  Orphans,  elainiinji-  as  such,  are  not  entitled  to  donation,  where 

the  parents  died  before  reaching  Oregon. 
Coni'r.(U.)   Dec. 5, 1880.  Sam'l S.Johnson.   Sec'y. Dec. 21,1 880. 

72.  Orphans  whose  parents  never  became  residents  of  Oregon  Ter- 

ritory, or  of  that  part  since  constituting  Washington  Teiri- 
tory,  cannot  take  donation  under  act  of  Sept.  27,  1850  and 
supplementary  legislation. 
Com'r.  (D.)    June  21, 1881.     Orphan  children  of  Wm.  Clark. 

73.  Patent  to  heirs,  under  section  4,  Oregon  donation  act,  pre- 

supposes that  the  Land  Dep't  found  that  the  settler  left  no 
children,  and  cannot  be  aliected  in  action  at  law. 
Cutting  V.  Cutting  et  al.,  6  Saw.,  C.  C,  39G. 

74.  Patent  fraudulently  procured  under  Oregon  donation  act  can 

be  corrected  in  equity. 
Stephens  v.  Sharp,  6  Saw.,  C.  C,  113;  Bear  v.  Luse,  148. 
Id. 

75.  Party  making  notification,  proving  residence,  &c.,  for  required 

term  and  receiving  jjatent  for  the  land  claimed,  though 
{semhie)  less  than  the  quantity  to  which  he  might  have  been 
entitled,  cannot  have  second  donation. 
Com'r.  (D.)  Aug.  11, 1881,  B.Vannater;  Oct.  3,  1882,  D.  Lay- 
field. 

76.  Proof  of  right  to  initiate  donation  claim  notified  on,  being 

wanting,  notification  canceled. 
Com'r.  (D.)    June  30,  1882,  W.  W.  Hicks. 

77.  Eesidence  and  cultivation,  consisting  of  irregular  occupancy 

of  a  small  house,  and  cultivation  for  one  summer,  of  a  small 
garden,  on  claim,  not  a  sulficient  compliance  with  donation 
act,  and  claim  canceled. 
Coni'r.  (D.)    July  25,  1882.     Wm.  T.  Bingham. 

78.  Eesidence,  &c.,  by  a  minor,  during  his   minority,  does  not 

count  towards  the  term  of  residence  and  cultivation  re- 
quired bv  the  act  of  1850. 
Com'r.  (D.)  ^  Feb.  16,  1881.     Wm.  O.  Jasper. 

79.  Eights  of  donation  claimant  dying  before  completion  of  re- 

quired term  of  residence,  under  act  of  Sept.  27,  1850,  de- 
scended to  his  heirs  at  law,  including  his  widow.   Notifi- 
cation by  the  widow  for  the  claim  in  her  own  name  is 
erroneous. 
Com'r.  (D.)    May  6,  1881.     Sarah  A.  Bowman. 

80.  The  father  having  been  killed  by  Indians  before  reaching 

Oregon,  the  mother  arriving  there  a  widow,  and  receiving 
the  benefits  of  the  provision  of  the  8th  section  of  the  act  of 
1853,  the  children  are  not  entitled  to  donation  under  the 
5th  section  of  the  act  of  July  17,  1854. 


DIGEST    OF   DECISIONS.  81 

Oregon  donations — Continaed. 

Com'r.  (D.)     July  1,  1880.     Widow  and  children  of  Walter 

Perry. 
Sec'y.  Mar.  11,  1881. 

81.  The  widow  of  one  who  died  without  becoming  a  resident  of  Ore- 

gon,  cannot  claim,  as  widow,  any  of  the  benefits  of  the  act 

of  Sept.  27,  1850. 
Com'r.  (D.)     June  18,  1883.    Mrs.  Brewer. 
Sec'y.  June  29,  1882. 

82.  The  widow  of  a  donee  who  dies  after  four  years'  residence  and 

cultivation,  but  before  final  proof,  is  entitled  to  half  in  fee 
and  dower  in  the  other  half,  which  descends  to  the  children. 
Love  V.  Love,  8  Oregon  E.,  23. 

83.  Town  site  abandoned,  may  be  taken  up  as  donation. 

Bear  v.  Luse,  G  Saw.,  C.  C.,  148. 

84.  Where  a  donation  claimant  filed  notification  upon  a  specified 

tract  and  made  preliminary  proof,  and  subsequently  filed 
on  a  different  tract,  made  preliminary  and  final  jjroof  thereon 
and  received  patent  therefor,  the  former  notification  will  be 
canceled. 
Com'r.  (D.)  April  13,  1881,  E.  W.  Watson  ;  May  23,  1881,  P. 
V.  Crawford;  June  4,  1881,  And'w  Hale;  June  11,  1881, 
E.  Filkins  ;  Dec.  17, 1881,  W.  S.  Hollowav ;  June  26, 1882, 
J.  T.  Lovelace ;  Oct.  3,  1882,  D.  Layfield. 

85.  Where  the  father  died  a  non-resident  of  Oregon,  prior  to  1850, 

and  the  mother  emigrated  to  Oregon  in  1852,  and  died  in 
Oct.  of  that  year,  there  is  no  provision  of  law  whereby  the 
ori)han  child  can  claim  a  donation  of  land. 
Com'r.  (D.)     June  7,  1882,  J.  A.  Butts. 
Patent : 

86.  Of  a  private  claim  confirmed  by  Congress,  must  follow,  as  to  the 

partv  patentee,  the  act  of  confirmation. 
Com'r.  (b.)     Aug.  10,  1881.     Town  of  Anton  Chico,  N.  M. 

87.  Can  only  issue  as  to  the  party  patentee  in  conformity  with  the 

conlirmation. 
Com'r.  (D.)     Mar.  21,  1882.     Heirs  of  Thos.  Fitch. 

88.  The  act  of  June  IG,  1880,  does  not  authorize  the  issuing  of  pat- 

ent for  the  land  confirmed  thereby,  but  is  itself  in  the 
nature  of  a  jjatent  or  deed  conveying  a  quitclaim  title  to 
the  tract  described.    E.  S.  2447  not  applicable  to  the  case. 
Com'r.  (D.)     Oct.  20,  1882.    John  Hepting  et  al. 

89.  The  Department  has  authority  to  recall  a  patent,  and  set  aside 

prior  proceedings  resulting  therein,  uijou  a  proper  showing, 
upon  a  case  being  made  out  to  give  jurisdiction,  and  notli- 
ing  else. 
Sec'y.  Mar.  2,  1882.     Chauvin  case. 

90.  The  rule  (as  to  recall  of  a  patent)  api>lies  as  well  to  decisions  upon 

surveys  as  to  decisions  in  other  matters. 
Id. 

91.  There  is  no  authority  of  law  for  the  issue  of  patents  upon  loca- 

tions made  with  Supreme  Court  scrip,  i)rior  to  the  passage 
of  the  act  ui'  Jan.  28,  1S79. 
Com'r.  (D.)     Oct.  13,  1881. 

H.  Mis.  45,  pt.  I G 


82  DIGEST    OF    DECISIONS. 

rateni — ContiiiiuMl. 

02.  "NVborr  i-outiMulin.i;-  i)nrtii\s  in  intorost  chiiin  (loli^■('l\v  ofi):it('nta 
issiiod  on  n  fonlirnicd  i)i'iviit('  t-laini,  it  will  be  withheld 
until  the  le^al  ri.iziit  to  its  i)ossession  is  re-established.  If, 
however,  its  use  becomes  essential  in  a  litigation,  it  may 
be  ])laeetl  with  a  resj)onsible  person  in  trust  for  that  pur- 
l>ose,  and  for  delivery  to  the  party  finally  shown  to  be  en- 
titled thereto. 
Com'r.  (D.)     Mar.  20,  1SS2.     Cauou  del  Agua,  K.  M. 

Payment  for  surveys  : 

93.  The  act  of  March  3,  1875,  repealing  the  provisions  of  the  act  of 

May  3,  18C2,  as  to  the  surveys  of  private  laud  claims,  re- 
pealed also  11.  S.  2400 ;  but  such  repeal  does  not  exempt 
claimants  from  i)aving  for  survevs  made  jmor  thereto. 
Sec'y.    Apr.  2, 1879,  8  0.  L.  O.,  9. 

94.  The  act  of  July  31, 187G,  lays  down  a  general  and  permanent  rule 

regarding'  payment  for  costs  of  surveys,  but  was  not  in- 
tended to  be  retroactive. 
Id. 

Practice  : 

95.  A  question  in  a  case  pending  should  not  be  held,  on  application 

ex  liarte,  to  be  determined  by  a  decision  of  apparently  the 
same  question  in  another  case  ;  but  the  party  ostensibly  ad- 
versely affected  by  such  decision  sliould  be  allowed  a  full 
trial  and  hearing  in  the  pending  case,  with  right  of  appeal, 
&c. 
Sec'y.  July  25, 1882.    Part  of  Eancho  Napa  (Frank). 

96.  A  reinvestigation  will  be  denied  where  the  applicants  have  not 

shown  cause,  either  as  to  the  proceedings  had,  their  own 
laches,  or  the  merits  involved,  for  opening  the  case. 
Com'r.  Mar.  15, 1882.     Town  of  Tecolote,  K  M. 

97.  Newly  discovered  evidence,  to  justify  a  rehearing,  must  be  such 

as  reasonable  diligence  could  not  have  procured  at  the  hear- 
ing, and  material,  going  to  the  merits,  not  merely  cumula- 
tive, and  such  as  would  on  a  rehearing  produce  an  oppo- 
site result. 
Sec'y.  Mar.  2, 1882.    Chauvin  case. 

98.  When  a  Secretary,  going  out  of  office,  leaves  a  decision  on  rec- 

ord, his  successor  cannot  lawfully  overturn  it,  except  on 
such  new  evidence  as  would  sustain  a  bill  of  review  in  chan- 
cery, or  justifv  a  new  trial  in  a  court  of  law. 
Id.,  9  Opinions  Atty.  Gen'ls.,  101. 

99.  Where  all  the  questions  presented  have  been  considered  in  pre- 

vious adjudication,  and  no  sufficient  reasons  are  shown  for 
changing  the  conclusion  found  thereon,  rehearing  will  be 
denied. 

Com'r.  (D.)     Dec.  8, 1881.    Las  Yirgenes. 

Sec'y.  May  8, 1882. 

100.  Where  i)arties  not  adversely  affected  by  a  survey  did  not  ap- 

pear upon  its  publication,  and  subsequent  proceedings  for 
an  investigation  are  directed  which  may  produce  a  possible 


DIGEST    OF   DECISIONS.  83 

Practice — Continued. 

conflict  with  tbcir  claimed  rights,  they  are  "parties  in  inter- 
est'' to  be  notified,  and  have  the  right  to  api)ear  upon 
such  investigation,  produce  testimony,  &c. 
Sec'y.,  July  14, 1880.     Santiago  de  Santa  Ana,  8  C.  L.  O.,  41. 

Puehlo  Indians : 

101.  Of  New  Mexico  were  citizens  of  Mexico,  and  their  rights  as 

such  were  guaranteed  by  the  treaty  of  cession;  they  now 
hold  the  same  relation  to  the  United  States  that  they 
did  to  the  former  Government;  are  not  Indian  tribes,  and 
no  action  lies  under  the  intercourse  act  of  1S34  for  settling 
on  their  lands;  their  rights  and  remedies  being  the  same  as 
those  of  other  citizens. 
TJ.  S.  V.  Santistevan,  1  I^.  M.  E.,  833. 

102.  The  pueblo  of  Cochiti  and  other  pueblos  of  I^ew  Mexico  had 

an  indefeasible  title  to  their  lands  at  the  date  of  the  treaty 
of  Guadalupe  Hidalgo,  which  is  guaranteed  by  the  treaty, 
and  which  they  can  assert  and  protect  in  the  courts,  the 
same  as  other  land  owners. 
U.  S.  V.  Lucero,  1  N.  M.  E.,  422. 

Pnhlication  (of  surveys): 

103.  When  a  survey  was  duly  published  under  the  act  of  June  14, 

1860,  and  not  ordered  into  the  United  States  district  court, 
it  became  final;  a  subsequent  publication  under  the  act  of 
July  1,  1864,  was  of  no  effect,  and  the  Land  Department 
had  no  jurisdiction  to  determine  as  to  exceptions  filed 
under  it. 
Com'r.  (D.)    April  2,  1881.    Arroyo  del  Eodeo. 

104.  Where  segregation  of  a  private  claim  was  partially  made  un- 

der the  act  of  July  23,  1866,  the  survey  was  properly  jiub- 
lished  under  the  act  of  July  1,  1864. 
Com'r.  (D.)    Feb.  18,  1881.    Paso  de  Bartolo. 

105.  Where  the  claim  was  confirmed  to  A  for  the  divided  half  of 

500  varas  square,  but  surveyed  and  published  as  if  con- 
firmed to  B  lor  the  whole,  the  publication  was  a  nullity, 
and  a  new  survey  and  publication  directed. 
Com'r.  (D.)     Aug.  2,  1882.     W.  P.  Dorsey. 

100.  The  surveyor  general's  certificate  of  the  publication  of  a  sur- 
vey is  the  proper  and  usual  evidence  of  the  fact  certified, 
and  cannot  be  overcome  by  proof  in  its  character  uncer- 
tain and  inferential. 
Com'r.  (D.)     Feb.  25,  1881.     Eincon  de  las  Salinas. 

Reservation: 

107.  All  lands  within  the  claimed  limits  of  a  confirmed  Mexican 
grant  are  in  a  state  of  reservation  until  such  grant  has 
been  finally  surveyed,  and  thr,  survey  approved  by  tlie 
Land  lJei)artment,  and  are  not  subject  to  location  of  Val- 
entine scrip  or  other  form  of  entry. 
Com'r.  (D.)    Feb.  7,  1880.    Corte  de  Madera  del  Presidio. 


84  DIGEST    OF    DECISIONS. 

Re^erva  tio  7^ — C  on  t  i  n  iied . 

108.  The  lauds  within  the  limits  of  a  claimed  Mexican  grant  in 

Arizona,  reported  against  by  surveyor  general,  and  with- 
drawn by  claimant  from  Congress,  before  action  upon  it, 
but  not  abandoned;  held  in  reservation  awaiting  action 
upon  said  claim. 
Com'r.  (D.)     Sept.  15,  1881.    Paso  de  los  Algodones. 

109.  For  Government  use,  out  of  a  confirmed  claim  under  a  Mexi- 

can grant,  is  unauthorized.    The  United  States  never  had 
title.    The  land  desired  must  be  procured  by  purchase  or 
condemnation. 
Sec'y.  April  20,  1880.    Punta  de  la  Concepcion,  7  C.  L.  O.,  70. 

Selection : 

110.  Of  quantity  within  limits  containing  larger  quantity,  though 

granted  to  claimants  as  a  privilege,  is  necessarily  within 
the  control  of  the  Land  Dep't. 
Com'r.  (D.)    Nov.  20,  1880.    Boca  de  Santa  Monica. 

111.  Of  quantity  within  a  tract  of  larger  area  is  within  the  control 

of  the  Land  Dep't,  as  against  the  selection  of  a  location  by 
the  confirmee. 
Sec'y.  Feb.  17,  1882.    San  Jacinto  Nuevo  y  Potrero. 

112.  Where  land  within  exterior  boundaries  was  purchased  in  good 

faith  and  patented  to  purchaser  by  the  United  States,  the 
private  claim  being  erroneously  supposed  to  be  satisfied  by 
a  previous  location,  its  subsequent  location  not  allowed  to 
include  the  land  so  patented,  there  being  ample  space  re- 
maining within  the  limits  to  satisfy  the  private  claim. 

Com'r.  (D.)     Sept.  17, 1881. 

Sec'v.  Nov.  19, 1881;  Feb.  17,  1882. 

Id.  " 

113.  Where  patent  is  to  issue  for  a  tract  within  limits  containing 

larger  quantity,  the  party  in  interest  may  select  the  loca- 
tion; to  be  in  compact  form  and  to  include  the  settlement 
of  original  claimant. 
Com'r.  (D.)    April  10,  1882.    James  and  Dennis  Quinnilty. 

Stare  decisis : 

114.  The  rule  of,  is  well  known  and  recognized  in  the  Dep't.    A  re- 

view of  its  decisions  will  not  be  entered  upon,  except  in 
accordance  with  the  general  principles  governing  rehear- 
ings,  «S:c.,  in  the  courts. 
Sec'y.  July  25,  1882.     Corte  de  Madera  del  Presidio. 

Succession  sales  : 

See  Frirate  land  claims,  (Burreyore  general's  scrip,)  Xo.  122. 

Supreme  Court  scrip  : 

115.  Assignment  of,  in  blank,  not  allowed  as  sufficient  to  transfer 

title  and  right  to  locate. 
Com'r.  (D.)     Dec.  G,  Dec.  7,  1880;  Jan.  28,  Feb.  1,  July  25, 
Sept.  14,  Oct.  23,  1882. 


DIGEST    OF    DECISIONS.  85 

Supreme  Court  scrip — Continued. 

116.  Discrepancy  in  name  of  assignee  and  applicant  to  locate,  re- 

quired to  be  exi)laiuedj  and  latter  party  to  be  identified  as 
holder  of  the  scrip. 
Com'r.  (D.)    Dec.  7, 1880;  Aug.  16, 1881;  July  19,  1882. 

117.  Issued  to  claimants  in  satisfaction  for  lands  disposed  of  by  the 

United  States  within  surveyed  limits  of  their  private  land 
claim,  cannot  be  delivered  until  the  cost  of  survey  of  such 
claim  has  been  paid  to  the  United  States. 
Com'r.  (D.)    Aug.  5,  1882.    Legal  rep's  of  Peree  Dolet. 

118.  Issued  in  satisfaction  of  a  claim  belonging  to  several  parties, 

cannot  be  partitioned  among  them  by  officers  of  Land  Dep't. 
Belonging  to  them  in  common,  it  must  be  received  by  all 
unitedly,  or  bv  some  one  duly  authorized  by  all. 
Id. 

119.  Name  of  alleged  assignee  written  upon  an  erasure;  claimant 

under  the  assignment  required  to  show  his  right  and  ac- 
count for  the  erasure. 
Com'r.  (D.)   Dec.  7, 1880;  June  28, 1881 ;  July  19,  July  20, 1882. 

120.  When  received  in  payment  of  pre-emption  claims  the  same  com- 

missions are  chargeable  as  in  case  of  military  bounty-land 

Act'g  Com'r.  (D.)     April  14,  1881.     8  C.  L.  O.,  38. 

121.  When  used  otherwise  than  in  payment  upon  preemptions  and 

commutation  of  homestead  claims,  no  fees  or  commissions 
are  chargeable. 
Id. 

Surveyor  general's  scrip  : 

122.  Claim  for,  in  Louisiana,  where  the  land  had  not  been  identified, 

but  the  claim  sold  in  suexiession  proceedings  as  to  the  cost 
of  administration,  it  not  being  shown  that  there  were  either 
debts  or  heirs,  will  not  be  recognized. 
Com'r.  (D.)  Oct.  4,  1882,  David  Devor.  And  see  Sec'y.'s  de- 
cision case  of  Josbua  Garrett,  Feb.  28,  1880,  G.  L.  O.  Re- 
port, 1880,  p.  106. 

123.  Requisites  to  its  issue,  authentication,  delivery,  «Scc. 
Com'r.  (D.)     Sept.  29,  1880.     G.  J.  Clark. 

Surveys : 

124.  Approved  and  carried  into  patent,  the  power  of  the  Land  De- 

partment, as  to  the  segregation  of  the  ])rivate  claim,  is 
exhausted.     Corrections  desired  on  account  of  mistakes  or 
frauds  must  be  sought  in  the  courts. 
Com'r.  (D.)     Sept.  30,  1882.     Casraalia. 

125.  Concur)  ed  in  by  the  Government  and  the  claimant,  which 

mutually  concluded  both  ])arties,  ne\er  having  been  set 
aside  nor  invalidated,  is  such  a  one  as  the  law  requires, 
and  the  claim  stands  before  the  Dei)artmeiit  as  if  i^atent 
had  been  issued  tliereon  and  accepted  by  the  pacties  enti- 
tled thereto. 
Sec'y.     Mar.  2,  1882.     Chauvin  case. 


8()  DIGEST   OF   DECISIONS. 

ISurvei/s — Coutinuod. 

126.  Extension  of  the  toicufihip  lines  on  a  private  claim  is  a  suffi- 

cient ''extension  of  tlie  lines  of  the  public  surveys"  over 
the  san)e,  under  the  eij^htli  section  of  the  act  of  July  23, 
ISGG.  The  segregation  directed  by  said  act  is  made  by 
running  the  lines  of  the  adjoining  and  bounding  subdi- 
visions. 
Corner.  (D.)    Feb.  18,  1881.    Taso  de  Bartolo. 

127.  Of  a  eontirmed  Mexican  grant  in  California,  is  i)roperlj  made 

by  ado])ting  the  previous  legal  surveys  of  a<lJoining  pri- 
vate claims  and  the  subdivision  lines  of  the  public  surveys, 
made  with  reference  to  setting  off  and  partiallj*  bounding 
the  area  of  such  grant. 
Id. 

128.  Of  a  private  land  claim  in  California,  must  follow  the  decree 

of  confirmation  as  closely  as  practicable,  without  regard 
to  conflicting  claims. 
Com'r.  (D.)    May  25,  1882.     Santiago  de  Santa  Ana. 

129.  Of  a  private  land  claim,  is  an  independent  proceeding;  the 

area  included  depending  upon  its  own  measurements,  hav- 
ing no  rehition  to  the  township  surveys,  which  are  simply 
made  to  close  upon  it. 
Com'r.  (U.)     Aug.  27,  1880.    Los  Vallecitos  de  San  Marcos. 

130.  Of  claim  of  heirs  of  J.  Hutchinson,  Florida,  confirmed  for  2,000 

acres,  surveyed  for  all  of  Hutchinson's  Island,  7,780  acres. 
Survev  ordered  to  be  reduced  to  area  of  confirmation. 
Com'r.  (D.)     Mar.  18,  1881. 

131.  Ordered  on  erroneous  translation  of  title  description,  directed 

to  be  amended  to  accord  with  corrected  description. 
Com'r.  (D.)     July  22, 1881.     Town  of  Chilili,  N.  M. 
Sec'y.  July  20, 1881. 

132.  To  be  legally  effective  must  be  based  upon  lines  actually  run 

or  established  by  triangulation  in  the  field,  by  the  officer 
who  makes  the  survey. 
Sec'y.  Dec.  31,  1870.    Coke  de  Madera  del  Presidio. 

133.  The  statute  of  186-4  contemplated  a  settlement  of  all  questions 

touching  extent  and  boundaries,  upon  presentation  of  objec- 
tions to  first  survey,  upon  the  publication  thereof,  and 
thereafter  objections  could  not  be  introduced. 

Sec'y.    July  28,  1882. 

Id. 

134.  The  decision  of  the  Department  on  appeal,  in  case  of  a  con- 

tested survey,  is  final.    If  requiring  a  new  survey,  con- 
forming to  specific  boundaries,  such  requirement  must  be 
held  to  embody  the  law  governing  the  survey,  the  execu- 
tion of  which  becomes  a  mere  ministerial  act. 
Id. 

135.  Under  the  special  act  of  July  10,  1878,  of  the  land  confirmed 

under  said  act,  required  to  be  published  under  the  act  of 
July  1, 18G4,  and  finally  approved  by  Commissioner  before 
l^atent. 
Com'r.  (D.)     July  13,  1882,  Las  Cruces. 


DIGEST    OF    DECISIONS.  87 

Surveys — Continued. 

136.  When  dis't.  court  ordered  a  survey  into  court,  under  act  of 
June  14,  1860,  its  jurisdiction  continued  over  it,  and  new 
survey,  &c.,  until  the  question  of  location  was  finally  dis- 
posed of. 
U.  S.  V.  Castro,  5  Saw.,  C.  C,  625. 

PROOF,  {BURDEN  OF.) 

See  Mines,  ^-c,  (protestant,)  No.  193. 

PROOF  AND  PAYMENT. 

See  Pre-emption,  No.  112,  etseq.;  (forfeiture,)  No.  (54;  (hearing),  No.  69; 
(notice,)  No.  80;  (Osage  T.  &  D.  R.  lands,)  No.  91 ;  (town  site,)  No. 
159. 

PROPRIETOR. 

See  Pre-emption,  Nos.  117,  118. 

PR  OPRIETORSHIP. 

See  Pre-emption,  No.  119. 

PROTEST. 

See  Minsa,  <$c,  Nos.  189,  190,  191. 

PROTESTANT. 

See  Mines,  ^c,  Nos.  192,  193. 

PUBLICATION. 

See  Mines,  i^'C,  No.  194,  et  seq. 

PnbUc  Lands,  (notice,)  Nos.  262,  263,  265. 

Private  Land  Claims,  (construction,)  No.  17;  (enxvey,)  No.  133;  (act 
of  July  19,  1878,)  No.  13.5. 

PUBLIC  LANDS.— DIVISION  C. 

Abandonment  : 

See  Public  lands,  (reliuquisliment,)  No.  314. 

Acts  of  Congress : 

Construction  of  sundry. 

See  Public  lands,  (construction,)  No.  72,  et  seq. 

Additional  homesteads : 

1.  While  a  qualified  party  cannot  take  more  than  the  maximum 

quantity,  he  may  take  less,  and  his  election  to  do  so  will  be 
a  waiver  of  further  claim  under  R.  S.  2306. 
Sec'y.  March  30,  1880,  7  C.  L.  O.,  67. 

2.  When  filing  for  less  than  maximum  quantity,  under  misappre- 

hension of  the  homesteader,  is  not  a  waiver  of  further 
claim. 
Id. 

3.  Made  under  act  March  3,  1870,  no  credit  for  period  of  .settle- 

ment prior  to  entry  is  allowed. 
Com'r.  (C.)     Nov.  27,  1880.     John  Casson  et  aL,  8  C.  L.  O.,  35. 


88  DIGEST    OF    DECISIONS. 

Additional  home.-<feod.'< — Contimiod. 

4.  Under  act  March  3,  1870,  patent  cannot  issue  on,  until  the  party 
has  resided  upon  and  cultivated  at  least  one  year  from 
date  of  new  entry. 
Act'g  Com'r.  (C.)    Juiie  10, 1881.    Frank  Buffmire,  8  C.  L.  O.,  50. 

6.  A  honu^stead  claimant,  notwithstanding  his  original  homestead 
entry  was  changed  to  cash  entry,  under  act  June  15, 1880, 
may  make  an,  under  act  March  3,  1870. 
Act's  Com'r.  (C.)    July  1,  1881.     Edmund  D.  Sewall,  8  0.  L. 
0.,72. 

6.  Soldiers'  additional,  residence  required, 

Com'r.  (C.)     Aug.  22,  1881.     To  R's.  and  K's.,  8  C.  L.  O.,  88. 

7.  Provisions  of  act  March  3,  1879,  regarding  issue  of  patents  on. 

Period  of  one  year  required  in  the  matter  of  residence  and 
cultivation. 
Com'r.  (C.)     March  1,  1882.     Joseph  Sharp,  0  C.  L.  O.,  6. 

8.  The  right  of  a  soldier  making  homestead  entry  under  circum- 

stances stated,  carries  with  it  right  to  an  additional  entry; 
provided. 
Com'r.  (C.)     Feb.  16,  1882.    Henry  Booth,  9  C.  L.  O.,  59. 

9.  In  view  of  party's  good  faith,  additional  entry  allowed  under 

act  March  3,  1879,  notwithstanding  original   entry  was 
made  March  11,  1879. 
Com'r.  (C.)    May  5,  1882.    Louis  Christiansen,  9  C.  L.  O.,  60. 

10.  Case  of  an  application  for,  not  allowed  where  original  entry  of 

eighty  acres  made  several  months  after  passage  of  act 
March  3,  1879,  and  no  restriction  to  eighty  acres. 
Com'r.  (C.)     July  17,  1882.     James  S.  Crist,  9'C.  L.  O.,  115. 

11.  Not  required  that  land  embraced  in,  be  actually  cultivated  to 

crop.  Tract  embraced  in  an  original  and  an  additional 
entry  considered  as  compact  body.  Residence  upon  a  por- 
tion of  compact  body  considered  residence  upon  the  whole 

Com'r.  (C.)     June  21,  1882.    Eben  M.  Gordon,  9  C.  L.  O.,  148. 

Adjoining  farm  entries: 

12.  Proceedings  in  view  of  ownership  of  120  acres,  prior  to  home- 

stead entry  of  160  acres  more. 
Com'r.  (C.)     April  28,  1882,  A.  H.  M.  Saunders,  9  C.  L.  O.,  58. 

13.  Where,  in  view  of  the  facts,  a  homestead  entry  will  be  treated 

as  an. 
Com'r.  (C.)     July  19,  1882.     Isaac  S.  Eiggs,  9  C.  L.  O.,  96. 

14.  Residence  or  settlement  on  an  original  farm  is  not  residence  on 

an,  prior  to  entry  thereof.    Residence  required ;  exception, 
soldiers  and  sailors. 
Com'r.  (C.J     July  15,  1882.     William  C.  Field,  9  C.  L.  O.,  115. 

15.  A  party  owning  an  undivided  portion  (less  than  160  acres)  of  a 

tract  of  land,  on  which  he  resides,  may  make  an,  when. 
Com'r.  (C.)    Sept.'  27.  1881.     Thomas  S.  Wetherbee,  9  G.  L.  O., 
148. 

16.  When  may  be  made  by  purchaser  from  an  original  entrvman. 
Com'r.  (C.^     June  17.'l882.     R.  &  R.,  Jacksonville,  Miss.,  9  C. 

L.  O.,  74. 


DIGEST    OF    DECISIONS.  89 

A  dminis  t  ration  : 

17.  Letters  of,  regarded  as  sufficient  evidence  of  death. 

Com'r.  (C.)     May  23,  1881.    Adolph  Leidensticker,  8  C.  L.  O., 
55. 

Administrator : 

18.  Cannot  purchase,  under  act  June  15, 1880,  the  homestead  right 

of  a  deceased  entryman.    Right  descends  to  widow,  minor 
orphan  children,  or  heirs. 
Com'r.  (C.)    July  23,  1881.     Alexander  Low,  8  C.  L.  O.,  72. 

19.  When  shown  to  be  sole  heir  of  deceased  timber  culture  entry- 

man,  can  relinquish  entry. 
Com'r.  (C.)     March  21,  1882.     George  Taylor,  9  C.  L.  O.,  37. 

20.  Incompetent  to  relinquish  a  timber-culture  entry  unless  author- 

ized by  heirs. 
Act'g  Sec'y.  Nov.  9,  1882.     SaUy  Hickok,  2  Rep'r,  154. 

Adverse  claim  : 

21.  In  the  presence  of  an,  the  cancellation  of  a  homestead  entry 

terminates  its  existence,  and  act  June  15,  1880,  does  not 
apply. 
Sec'y.  July  18,  1882.    George  S.  Bishop,  9  C.  L.  O.,  95. 

Affidavit: 

22.  Accompanying  application  to  make  timber-culture  entry  of  a 

tract  can  be  accepted  although  bearing  date  prior  to  can- 
cellation of  previous  entry  on  same  tract,  when. 
Com'r.  (C.)     Aug.  23,  1881.     David  D.  Merryman,  8  C.  L.  O., 
141. 

23.  When  the  required,  is  not  properly  sworn  to,  homestead  appli- 

cation will  be  denied. 
Com'r.  (C.)   Jan.  17,  1S82.     Thomas  J.  Odor,  8  C.  L.  O.,  175. 

24.  When  sworn  to  on  Thanksgiving  day  in  Alabama,  no  objec- 

tion to  legality  of. 
Com'r.  (C.)    Jan.  15,  1882,  Joseph  Livingston,  8  C.  L.  O.  191. 

25.  When  a  new,  may  be  made  by  homestead  party. 

Com'r.  (C.)    Feb.  6,  1882,  Gieske  v.  Kiniiian,  8  C.  L.  O.,  192. 

26.  Affidavit  and  application  in  timber-culture  entries  cannot  be 

made  by  an  agent  or  attorney. 
Com'r.  (C.)    May  31, 1882,  John  E.  Cannon,  9  C.  L.  O.,  C4. 

27.  Of  contest,  when  founded  on  "information  and  observation," 

hearing  should  not  be  ordered. 
Com'r.  (C.)    May  13,  1882.     Schotield  v.  Cole,  9  C.  L.  O.,  74. 

28.  Variance  between  affidavit  of  contest  and  notice  thereof,  when 

too  late  for  defendant  to  take  advantage  of. 
Com'r.  (C.)   Awq;.  31,  18S1.    Gould  r.  Weisbecker,  9  C.  L.  O., 
151. 
Agent: 

29.  Work  done  by  an,  on  timber  culture  entry,  inures  to  benefit 

of  entryman  purchaser. 
Sec'y.  April  1, 1882.     Gahan  v.  Garrett,  9  C.  L.  O.,  03. 


90  DIGEST    OF    DECISIONS. 

Agent — Continued. 

30.  Cannot  nialce  nlltulavit  and  ai>i)liention  in  timber- culture  entry 

for  liis  prinripal. 
Com'r.  (C.)     :May  31,  1S82,     John  E.  Cannon,  9  C.  L.  O.,  G4. 

31.  Making  false  and  frandnlent  entries — imposition  on  soldiers. 
Com'r.  (C.)    jS'ov.  22,  1882,  to  Geo.  H.  Gardner,  2  Kep'r,  loS. 

Alien: 

32.  A  foreigner  having  nmde  a  homestead  entry,  it  is  illegal  and 

must  be  eanceled,  although  he  may  afterward  declare  his 
intention  and  become  a  citizen. 
Com'r.  (C.)    Feb.  2,  1881.    Patrick  Marrion,  8  C.  L.  O.,  191. 

See  Fublic  lands,  (naturalization,)  No.  2o7. 

Amended  entry : 

33.  Proceedings  Trbere  homestead  claimant  has  entered,  by  mis- 

take, a  tract  upon  which  his  im])rovements  are  not  located, 
and  the  desired  tract  is  in  a  different  land  district. 
Com'r.  (C.)    Jan.  30, 1882.     George  W.  Burkett,  8  C.  L.  O.,  192. 

Appeal  : 

31.  If  not  taken  in  time,  the  decision  of  the  Com'r.  is  final. 
Act'g  Sec'y.  July  16,  1881.    J.  Garaghty,  8  C.  L.  O.,  79. 

35.  Unless,  is  taken,  the  decision  of  the  local  officers  as  to  facts  is 

final. 
Com'r.  (C.)     Aug.  15,  1881.     Vinson  v.  Keith,  8  C.  L.  O.,  90. 

36.  In  view  of  party's  diligence,  the  appeal,  though  defective  in 

point  of  time,  might  be  entertained. 

Act'g  Sec'y.  Sept.  30,  1881.    John  Powers,  8  C.  L.  O.,  178. 

37.  Time  having  been  given  in  which  to  file,  the  privilege  of,  can- 

not be  denied. 
Countv  of  Cass  r.  Morrison,  28  Minn.  E.  257. 
Sec'y.  May  9,  1882.    Wallace  v.  Boyce,  9  C.  L.  O.  50. 

38.  Ten  days,  in  addition  to  the  usual  thirty  days,  allowed  for, 

where  notice  of  local  officers'  decision  is  sent  bv  mail. 
Com'r.  (C.)     July  1,  1882.     Markers  r.  Canady,  9  C.  L.  O.,  70. 

39.  Cannot  be  taken  from  decision  of  the  Com'r.  relative  to  orders 

for  hearing  and  contests. 
Sec'y.  May  2,  1881.     Blair  v.  Ellsworth,  9  C.  L.  O.,  90. 

Application  : 

40.  To  make  timber-culture  entry  cannot  be  made  by  an  agent  in 

behalf  of  j^rincipal. 
Com'r.  (C.)     May  31,  1882.     John  E.  Cannon,  9  C.  L.  O.,  04. 

41.  Homestead,  statutorv  period  for  filing,  act  May  14,  1880. 

Com'r.  (C.)    June  20,  1882.    Hoist  v.  Phelps,  9  C.  L.  O.,  75. 

42.  Party  desiring  to  contest  a  timber-culture  entry  must  file  appli- 

cation to  make  entry  of  the  land. 
Act'g  Sec'y.  April  14, 1882.    Bundy  v.  Livingston,  2  Eep'r,  154. 

Appearance : 

43.  At  a  hearing,  what  is  a  waiver  of  irregularity  in  the  notice. 

Sec'y.  May  3,  1882.     Morse  v.  Payne,  9  C.  L.  O.,  70. 


DIGEST    OF   DECISIONS.  91 

Arkansas  : 

44.  History  of  Cherokee  lands  in,  8  C.  L.  O.,  110. 

Issignment : 

45.  Of  desert-laud  entries  cannot  be  recognized. 

Com'r.  (C.)  Feb.  8,  1882.    Pedro  Sodello  etal,  9  C.  L.  O.,  38. 

See  PuhUc  lands,  (Military  bounty-laud  warrant,)  No.  "253. 

Attorney: 

4G.  Eecognition  of,  and  delivery  of  papers  to. 

Sec'y.'s  decision,  July  22,  1881.     Calvin  A.  Allison,  8  C.  L.  O., 
138. 

47.  On  cancellation  of  a  scrip  entry,  scrip  should  be  returned  to  the 

scrippee,  his  duly  authorized  attorney,  or  to  his  assignee. 
Sec'y.  Feb.  3,  1882,  8  C.  L.  O.,  199. 

48.  Appearance  of,  in  contested  case.    Eule  101  of  Eules  of  Prac- 

tice prescribes  how  it  shall  be  entered. 
Com'r.  (C.)     Kov.  10,  1881.     Carduff  v.  Cormack,  9  C.  L.  O.,  9. 

Board  of  equitable  adjudication  : 

49.  The  jurisdictional  rule,  that,  where  a  court,  takes  cognizance  of 

any  original  matter,  it  draws  to  its  jurisdiction  every  inci- 
dental or  necessary  question,  is  applicable  to  this  Board. 
Opinion  Att'y  Gen'I,  March  5, 1881.    Euth  E.  Fulton,  8  C.  L. 
O.,  8. 

50.  Power  of,  legarding  confirmation  in  homestead  cases ;  final  cer- 

tificates. 
Sec'y,  Dec.  12,  1881.    Circular  instructions,  8  C.  L.  O.,  177. 

51.  In  view  of  equities  certain  cases  may  be  submitted  to. 

Sec'y.  Dec.  20,  1880.     Suspended  entries,  9  C.  L.  O.,  35. 

Bounty-land  warrants: 

See  Public  lands,  (military  bounty  laud  Avarrants, )  No. '253. 

Burden  of  proof : 

52.  Is  upon  the  plaintiff,  in  a  contested  case,  to  prove  his  allegations. 
Sec'y.  Feb.  8,  1882.    Flynn  v.  Stiles,  9  C.  L.  O.,  28. 

Cancellation : 

53.  Of  homestead  entry,  when  it  has  no  force  against  a  party  desir- 

ing to  purchase  under  act  of  June  15,  1880. 
Sec'y.  June  3,  1882.    John  W.  Miller,  9  C.  L.  O.,  57. 

54.  In  the  presence  of  an  adverse  claim  the  cancellation  of  a  home- 

stead entry  terminates  its  existence. 
Sec'y.  July  18,'  1882.    Geo.  S.  Bishop,  9  C.  L.  O.,  95. 

Cash  entry : 

55.  In  case  of  assignments  of,  by  married  men,  the  dower  rights 

must  be  assigned  by  the  wives. 
Com'r.  (C.)    Oct.  20,  1881.    T.  J.  Edwards,  8  C.  L.  O.,  200. 

56.  May  be  made,  under  act  June  15,  1880,  of  land  embraced  in 

homestead  entry,  though  entry  void  at  inception. 
Com'r.  (C.)     Aug.  25,  1881 .     Geo.  "W.  Maughn,  9  C.  L.  O.,  50. 


92  DIGEST    OF    DECISIONS. 

Certificate : 

57.  Circular  instruotions  regarding  final,  in  homestead  cases. 

SecV.  Dec.  12, 1881,  8  C.  L.  O..  177. 

58.  Of  location  of  Choctaw  scrip,  possession,  and  ownership  of, 

&c. 
Com'r.  (C.)    July  26,  1882.    Campbell  Leflore,  9  0.  L.  O.,  137. 

Cherokee  lands : 

See  PubUc  lattda,  (Indian  lauds,)  No.  234. 

Chippewa  half-breed  scrip: 

See  PuhUc  lands,  (Indian  scrip,)  No.  239. 

Choctaw  scrip  : 

See  Piihlic  lands,  (Indian  scrip,)  No.  240. 

Church  site : 

59.  Homestead  i)arty  selling  a,  and  failing  to  perfect  his  claim,  his 

warrantv  deed  is  worthless  against  the  Government. 
Act'g  Com'r."  (C.)     July  7, 1882,  to  W.  A.  Fitzgerald,  9  0.  L.  O., 
94. 

Circular  instructions  : 

60.  Hearings  to  determine  character  of  land,  whether  mineral  or 

agricultural. 
Com'r.  (C.)     Dec.  17, 1881,  7  C.  L.  O.,  164. 

61.  Under  act  of  March  3, 1881,  commencement  of  residence  of  home- 

stead claimants — discretion  of  Com'r. — climatic  reasons. 
Act'g  Com'r.  (C.)     Aug.  22,  1881,  8  C.  L.  O.,  20. 

62.  To  registers  and  receivers,  regarding  soldiers'  additional  home- 

stead entries — residence  required. 
Com'r.  (C.)     Aug.  22, 1881,  8  C.  L.  O.,  88. 

63.  Act  of  June  15,  1880,  relative  to  lands  reduced  in  price  by 

third  section,  and  not  heretofore  offered  at  public  sale. 
(Sec'y.'s  approval.) 
Com'r.  (C.)     Oct.  10, 1881,  8  C.  L.  O.,  121. 

64.  Eegarding  making  final  proof  in  timber-culture  entries.    (Sec'y.'s 

approval.) 
Com'r.  (C.)    Feb.  1, 1882,  8  C.  L.  O.,  195. 

65.  Eegarding  Miami  Indian  Eeservation  in  Kansas,  under  act  of 

June  27, 1882. 
Com'r.  (C.)     June  29, 1882,  9  C.  L.  O.,  103. 

Citizenship  : 

66.  How  proved,  where  homestead  party  was  brought  to  this  coun- 

try during  infancy. 
Com'r.  (C.)     Feb.  2, 1882.     William  Miller,  8  C.  L.  O.,  191. 

67.  Of  homestead  party,  not  essential  at  time  of  making  entry,  when 

party  avails  himself  of  the  benefits  of  act  of  June  15, 
1880. 
Com'r.  (C.)    April  25, 1882.    James  Harvey,  9  C.  L.  O.,  57. 


DIGEST    OF   DECISIONS.  93 

Colorado  : 

68.  Ute  Indian  Eeservation  in,  when  restored  to  market,  lands  will 

be  sold  for  cash  onlv. 
Com'r.  (C.)    Oct.  26, 1881,  to  Isaac  Hears,  9  C.  L.  O.,  123. 

Com'r.  of  the  GenU.  Land  Office : 

69.  Appeal  does  not  lie  from  decision  of,  regarding  orders  for  hear- 

ings and  contests. 
Sec'y.  May  21,  1881.    Case  Blair  i\  Ellsworth,  9  C.  L.  O.,  90. 

Common  Indian  title : 

70.  Eefers  to  the  reservation  title,  and  is  thus  distinguished  from 

the  aboriginal  right  of  occupancy  recognized  in  the  Indians 
as  to  the  great  mass  of  land  originally  occupied  by  them. 
Sec'y.  Oct.  20, 1882,  2  Eep'r,  155. 

Commutation  : 

71.  When  permitted  by  homesteader  who  failed  in  settlement. 
Com'r.  (C.)    Dec.  31, 1881.    John  J.  McKay,  8  C.  L.  O.,  176. 

Constrnction : 

ACT  OF  MARCH  Z,  1857. 

72.  Permanent  Indian  reservations — common  Indian  title — aborig- 

inal right,  &c. 
Sec'y.  Oct.  20,  1882,  2  Eep'r,  155. 

ACT  OF  MAY  20,  1882. 

73.  Does  not  in  terms  restrict  registers  and  receivers  from  perfect- 

ing entries,  when. 
Com'r.  (C.)    Aug.  3,  1882.    Thomas  J.  Scott,  9  C.  L.  O.,  132. 

ACT  OF  JUNE  14,  1878. 

74.  Does  not  limit  right  of  contest  to  one  person  or  to  one  contest, 

nor  forbid  a  second  when  the  first  has  not  been  sustained. 
(On  appeal  to  Sec'y.) 
Com'r.  (C.)    Mar.  3, 1882.     Schneider  v.  Bradley,  9  C.  L.  O.,  64. 

76.  Eequirements  of,  in  a  party  seeking  to  contest  a  timber-culture 
entry ;  party  contesting  must  file  an  application  to  enter 
the  land,  otherwise  contest  void. 
Act'g  Sec'y.  Nov.  14,  1882.    Bundy  v.  Livingston,  2  Eep'r,  154. 

ACT  OF  MARCH  3,  1879. 

76.  Patent  cannot  issue  on  new  or  additional  entries  under,  until 

parties  have  resided  upon  and  cultivated  the  land  embraced 
therein  at  least  one  year  from  date  of  additional  entry. 
Act'g  Com'r.  (C.)     June  10,  1881.     Frank  Buflfmire,  8  C.  L.  O., 
56. 

77.  Provisions  of,  regarding  issue  of  patent  on  new  or  additional 

entries.    Act  does  not  prevent  payment  for  land,  in  what 
cases. 
Com'r.  (C.)    Mar.  1,  1882.    Joseph  Sharp,  9  C.  L.  O.,  0. 

78.  In  view  of  the  party's  good  faith  he  is  allowed  an  additional 

entry  under,  notwithstanding  his  original  entry  was  made 
March  14,  1879. 
Com'r.  (C.)    May  5,  1882.    Louis  Christiansen,  9  C.  L.  O.,  60. 


94  DIGEST    OF    DECISIONS. 

Construction — Continued. 

79.  An  additional  entry  not  allowed  under,  when. 

Oom'r.  (C.)     July  17,  1SS2.     James  S.  Crist,  9  C.  L.  O.,  115. 

SO.  Does  not  retiuire  that  lands  enil>i'aeed  in  an  additional  entry, 
made  under,  shall  be  actually  cultivated  to  crop. 
Com'r.  (C.)     dune  L'l,  188:1.     Eben  K.  Gordon,  9  C.  L.  O.,  148. 

ACT  OF  MAY  14,  1880. 

81.  Relinquishment  filed  before  final  dis])osition  of  contest  treated 

as  ])roof  of  abandonment,  and  contestant  has  preferred 
right  of  entry.     Act  June  15,  1880. 
Act'g  Sec  y.  June  2, 1881.    Johnson  v.  Halwesou,  8  C.  L.  O.,  56. 

82.  Preference  right  of  contestant  under,  is  a  personal  right  and 

not  assignable. 
Com'r.  (C.)    April  17,  1882.    Boysen  v.  Born,  9  C.  L.  O.,  Gl. 

83.  Statutory  period  under,  for  filing  homestead  application.    Re- 

quirements of  act. 
Com'r.  (C.)    June  20,  1882.    Hoist  v.  Phelps,  9  C.  L.  O.,  75. 

84.  No  preference  right  attaches  under,  when ;  i)urchase  prior  to 

cancellation  of  entiy  defeats  a  contest. 
Com'r.  (C.)     Sept.  6,  1882.     John  D.  Hay,  9  C.  L.  O.,  132. 

ACT  OF  JUNE  15,  1880. 

85.  Administrator  cannot  purchase  under,  the  homestead  right  of 

deceased  entryman :  how  such  right  descends. 
Com'r.  (C.)     July  23,  1881.     Alex'r  Low,  8  C.  L.  O.,  72. 

SQ.  Evidence  and  proceedings  under  second  section  of. 

Act'g  Com'r.  (C.)     Oct.  29.  1880,  to  R.  &  R.,  at  Grand  Forks, 
Dak.,  7  C.  L.  O.,  152. 

87.  The  second  section  of  act  is  independent  in  its  provisions  and 

purposes ;   it  provides  for  a  specific  thing  without  refer- 
ence to  act  of  May  14,  1880. 
Sec'y.  Mar.  12,  1881.  'Gohrman  i\  Ford,  8  C.  L.  O.,  6. 

88.  The  widow  of  a  deceased  settler  may  sell  her  right. 

Act'g  Com'r.  (C.)    June  3,  1881.    David  F.  Herrington,  8  C.  L. 

o.,  m. 

89.  The  light  of  purchase  allowed  under,  is  not  a  i)ersonal  one,  but 

descends  to  the  heirs  of  deceased  claimants. 
Com'r.  (C.)     May  31,  1881.     A.  C.  McDonald,  8  C.  L.  O.,  56. 

90.  Though  homestead  entry  yoid  at  inception,  land  embraced  in, 

may  be  purchased  under. 
Com'r.  (C.)    Aug.  25,  1881.     Geo.  W.  Maughn,  9  C.  L.  O.,  56. 

91.  Homestead  entry  illegal  on  account  of  alienage  of  claimant,  his 

widow  allowed  to  purchase  under. 
Com'r.  (C.)     May  23,  1882.     William  H.  White,  9  C.  L.  O.,  57. 

92.  To  entitle  homestead  party  to  benefits  of,  not  necessary  that 

qualifications  as  to  citizenship  should  exist  at  time  of  mak- 
ing entry. 
Com'r.  (C.)    April  25, 1882.    James  Haryey,  9  C.  L.  O.,  57. 


DIGEST    OF    DECISIONS.  95 

Construction — Coutiuued. 

93.  When  the  fact  that  a  homestead  entry  has  been  canceled  has 

no  force  in  connection  with  said  act. 
Secy.  Jnne  3,  1882.    John  W.  Miller,  9  C.  L.  O.,  57. 

94.  Party  can  purchase  under,  when  rights  of  homesteader  conveyed 

by  bona  fide  instrument  in  writing. 
Sec'y.' April  27,  1882.    Thomas  F.  Weaver,  9  C.  L.  O.,  95. 

95.  When  evidence  regarding  custom  inadmissible — custom — sur- 

render of  duplicate  receipt. 
Com'r.  (C.)     July  10,  1882.     Ella  M.  Hoyt,  9  C.  L.  O.,  95. 

96.  In  the  presence  of  an  adverse  claim  the  cancellation  of  a  home- 

stead entry  terminates  its  existence.     Act  of  June  15, 1880, 
does  not  apply.     The  expression,  "  homestead  laws,"  in  the 
act  is  generic,  and  refers  to  all  vested  adverse  rights. 
Sec'y.  July  18,  1882.     Geo.  S.  Bishop,  9  C.  L.  O.,  95. 

97.  Case  covered  by,  where  the  deed  or  transfer  was  not  made  until 

after  passage  of  the  law. 
Com'r.  (C.)    July  22,  1882.    W.  M.  Bumpus,  9  C.  L.  O.,  90. 

98.  Case  where  option  allowed  to  purchase  under — adjoining  farm — 

five  years'  residence. 
Com'r.  (C.)     July  19,  1882.    Isaac  S.  Riggs,  9  C.  L.  O.,  90. 

99.  When  a  deserted  wife  may  purchase  under,  the  laud  embraced 

in  her  husband's  homestead  entry, 
Act'g  Com'r.  (C.)     Aug.  5,  1882.    Bray  v.  Colby,  9  C.  L.  O.,  110. 

100.  Right  of  homestead  party,  aj)pointed  a  register,  to  purchase 

under. 
Com'r.  (C.)     Aug.  3,  1882.    Thomas  J.  Scott,  9  C.  L.  O  ,  132. 

101.  When  transfer  of  a  portion  of  laud  is  no  bar  to  purchase 

under,  of  remainder. 
Com'r.  (C.)     Sept.  0,  1882.     John  D.  Hay,  9  C.  L.  O.,  132. 

Contest  : 

102.  Application  for  second,  will  be  rejected  when  the  first  is  pend- 

ing against  a  homestead. 
Sec'y.  Nov.  16,  1881.    G.  E.  Van  Ostrand,  9  C.  L.  O.,  7. 

103.  Proceedings,  when  the  record  of  a,  has  been  lost. 
Com'r.  (C.)     May  19,  1882.    John  Zeigler,  9  C.  L.  O.,  50. 

104.  Although  an  entry  is  subject  to,  whenever  the  party  is  in  de- 

fault, there  is  no  valid  reason  for  subjecting  him  tliereto 
wlien  the  fault  has  been  cured  before  contest  initiated. 
The  honest  efforts  of  an  entryman  will  be  guarded  against 
endeavors  of  unscrupulous  i)arties. 
Sec'y.  July  24,  1882.    Galloway  v.  Winston,  9  C.  L.  O.,  98. 

105.  Second,  how  based;  after  prior  contest  dismissed  and  closed. 
Com'r.  (C.)    Aug.  4,  1882.     Cliarles  Barringer,  9  C.  L.  O.,  110. 

100.  Purchase  of  land.  ])rior  to  canijellation  of  entry,  defeats  a. 
Com'r.  (C.)     Sept'.  0,  1882.    Jolin  I).  Hay,  9  C."L.  O.,  132. 

107.  Affidavit  of,  and  notice  of;  variance  between.     When  too  late 
for  defendant  to  take  advantage  of  variance. 
Com'r.  (C.)    Aug.  31, 1881.   Gould  v.  Weisbecker,  9  C.  L.  O.,  151. 


OG  DIGEST    OF    DECISIONS. 

Contest — Continued. 

108.  Against  a  tiniber-cnltnre  entry,  restricted  to;  party  seeking  to 

make  entry  ut,  and  tiling  a]>i)lication  lor,  the  land. 
Act'g  SecV.  Nov.  14,  1882.    Buudy  r.  Livingston,  2  Rep'r,  154. 

Contestant : 

109.  A  successful,  lias  thirty  days  to  make  entry.     In  the  mean 

time  no  one  can  enter  other  land  in  same  section  as  a  tim- 
ber-culture claim. 
Sec'y.  Mar.  13,  1882.     Wm.  Ehmen,  9  C.  L.  O.,  36. 

110.  I'references  right  of,  good,  although  entry  may  have  been 

illegal  at  inception. 
Sec-y.  Aug.  1,  1882.    Haskins  v.  iJichols,  9  C.  L.  O.,  IIG. 

111.  Must  make  application  to  enter  land  at  time  of  initiating  con- 

test against  a  timber  culture  entry. 
Act'g  Sec'y,  Nov.  14,  1882.     Bundy  v.  Livingston,  2  Rep'r,  154. 

Contested  eases : 

112.  Notice  in,  must  be  given  by  personal  service,  when  address  of 

defendant  is  known. 
Sec'y.  Jan.  13,  1882.     Gulseth  r.  Samson,  7  C.  L.  O.,  163. 

113.  AVhere  two  parties  apply  simultaneously  to  contest  a  timber- 

culture  entry,  neither  having  improvements  on  tract  in 
question,  both  may  be  made  parties  to  the  contest,  and 
may  bid  for  privilege  of  making  entrv. 
Sec'y.  Feb.  18,  1880.    Theo.  Kimm,  7  C.  L.  O.,  181. 

114.  By  act  of  May  14, 1880,  contestant  of  a  homestead  entry  has 

a  preference  right  only  on  cancellation  of  entry.    Defend- 
ant, homestead  party,  may  purchase,  under  act  June  15, 
1880,  the  land  contested,  and  prevent  the  preference  right 
of  contestant  from  attaching. 
Sec'y.  Mar.  12, 1881.    Gohrman  v.  Ford,  8  C.  L.  O.,  6. 

115.  Notice  of  continuance  in,  proceedings  where  contest  is  con- 

tinued, published  notice  of  contest  having  been  given  in 

Com'r.  (C.)    Mav  16, 1881,  to  Charles  L.  Truman,  8  C.  L.  O., 
36. 

116.  Evidence  in,  should  be  contiued  to  the  allegations,  and  judg- 

ment rendered  only  on  the  questions  at  issue. 
Sec'y.  June  9,  1881.     Schelter  v.  Off,  8  C.  L.  O.,  53. 

117.  What  must  be  stated  by  local  officers  in  the  notices  of  their 

decisions  in. 
Com'r.  (C.)    Aug.  15,  1881.    Vinson  v.  Keith,  8  C.  L.  O.,  90. 

118.  Where  second  contest  initiated  prior  to  termination  of  first, 

or  final  result  therein,  and  homestead  entry  canceled,  as 
result  of  first  contest,  the  second  contestant  has  no  prefer- 
ence right,  &c. 
Com'r.  (C.)     Jan.  13,  1882.    Bennett  r.  Collins,  8  C.  L.  O.,  172. 

119.  Relinquish ment  of  entry  contested  and  filed  as  evidence  in; 

in  order  to  inure  to  benefit  of  contestant,  under  act  May 
14,  1880,  must  have  been  made  before  closing  of  testimony 
before  local  officers.     Charge  abandonment. 
Acting  Sec'y.  Sept.  30,  1881.     John  Powers,  8  C.  L.  O.,  178. 


DIGEST    OF    DECISIONS.  97 

Contested  cases — Continued. 

120.  Eelinqiiishment,  filed  before  final  disposition  of  case,  treated 

as  proof  of  abandonment,  and  contestant  should  be  noti- 
fied of  preference  riglit.    Acts  May  14, 1880,  and  June  15, 
1880. 
Act'g  Sec'y.     Johnson  v.  Halvorson,  8  C.  L.  O.,  56. 

121.  In  case  of  timber-culture  entries,  contestant's  entry  takes  effect 

from  time  it  is  fully  efl'ected,  and  not  from  date  of  initiat- 
ing contest. 
Com'r.  (C).    Sept.  15,  1881.     Thomas  A.  Cheshire,  8  C.  L.  O., 
195. 

122.  Eule  101  of  Eules  of  Practice  prescribes  how  attorneys  in, 

should  enter  appearance. 
Com'r.  (C.)     Kov.  10,  1881.     Case  Cardufi"  v.  Cormack,  9  C.  L. 
O.,  9. 

123.  Eights  of  timber-culture  entry  contestant ;  thirty  days  to  enter; 

meantime  no  other  timber-culture  entry  can  be  made  in 
same  section. 
Sec'y.  Mar.  13,  1882.     Wm.  Ehmen,  9  C.  L.  O.,  36. 

124.  Irregularity  of  notice  in  a,  cured  by  the  appearance  of  a  party 

and  proceeding  without  objection  to  trial. 
Sec'y.  May  3,  1882.     Morse  v.  Payne,  9  C.  L.  O.,  70. 

125.  Copy  of  argument  in,  when  appeal  taken,  to  be  filed  for  serv- 

ice, or  served  on  opposing  party. 
Act'g  Com'r.  June  2,  1881.     9  C.  L.  O.,  110. 

126.  Timber-culture  entry  contested  and  alleged  to  have  been  ille- 

gal, in  certain  respects,  at  inception,  preference  right  of 
contestant  holds  good. 
Sec'y.  Aug.  1,  1882.     Haskins  v.  Nichols,  9  C.  L.  O.,  116. 

127.  Case  where  several  hearings  were  had  involving  abandonment, 

rehearing,  and  standing  of  homestead  purchaser. 
Sec'y.  Sept.  20,  1882.    Weber  v.  Shappell,  9  C.  L.  O.,  131. 

Courts : 

128.  Only  those  having  clerks  separate  and  distinct  from  the  judges 

are  comi^etent  to  naturalize  aliens. 
Com'r.  June  10,  1882.    Letter  to  J.  F.  Hechtman,  esq.,  9  C. 
L.  O.,  72. 

Cultivation : 

129.  Want  of,  should  not  be  inferred  from  the  fact  that,  at  the  ex- 

piration of  three  years,  but  few  trees  are  growing  on  a 
timber-culture  claim. 
Com'r.  (C.)     Jan.  6,  1882.    Cowan  v.  Woodside,  9  C.  L.  O.,  37. 

130.  Where  the  condition  of,  under  homestead  laws,  cannot  be 

comi)lied  with.     Case  where  a  new  entry  permitted. 
Com'r.  (C.)     May  20,  1882.     Skarstead  et  al,  9  C.  L.  O.,  68. 

131.  What  is  net,  under  the  timber-culture  laws. 

Com'r.  (C.)     July  1,  ^882.     Markers  v.  Canody  and  other  cases, 
9  C.  L.  O.,  70. 

132.  Evidence  of,  required  from  date  of  death  where  homesteader 

is  deceased. 
Com'r.  (C.)     June  24,  1882.    John  J.  Jones,  9  C.  L.  O.,  73. 

H.  Mis.  45,  pt.  1 7 


98  DIGEST    OF    DECISIONS. 

ClU^tom  : 

i;>;>.  I'vidtMU'O  ns  to  wlint  is  and  what  is  not,  is  inadniissiblo,  beiiijjf 
inoU'vaut  to  the  case.     Transfer  of  duplicate  receipt.    Act 
.June  15,  18S0. 
Com'r.  (C.)     July  10,  1882.     Ella  M.  Hoyt,  9  C.  L.  O.,  95. 

Death  : 

134.  Party  alleging,  must  i)rovo  it.     The  rule  of  law  in  such  cases 

must  be  respected.     Evidence  required. 
Com'r.  (G.)    May  23,  1881.    Adolph  Leidensticker,  8  C.  L.  ()., 
55. 

Deceased  homestead  claimant: 

135.  The  heirs  of  a,  allowed  to  purchase  under  act  of  June  15, 

1880. 
AcVg  Com'r.  (0.)     May  31,  1881.     A.  C.  McDonald,  8  C.  L. 
O.,  56. 

130.  One  of  the  heirs  of,  should  make  final  affidavit  required. 
Com'r.  (C.)     Aug.  0,  1881.     Lucinda  Hill,  8  0.  L.  O.,  90. 

Declaratory  statements : 

137.  In  cases  of  soldiers  and  sailors,  when  entries  or  filings  false 

and  fraudulent. 
Com'r.  (C.)    Nov.  22,  1882,  to  George  H.  Gardner,  2  Eep'r, 
158. 

Deed : 

138.  A  warranty,  worthless  against  the  Government,  when. 
Act'g  Com''r.  (C.)     July  7,  1882,  to  W.  A.  Fitzgerald,  9  C.  L. 

O.,  94. 

139.  Party  purchasing  of  a  homesteader  the  improvements,  right 

of  entry,  and  possession  of  the  same,  and  where  transfer 
by  bona  fide  instrument  in  writing  is  made,  can  pay  Gov- 
ernment price  for  the  land,  under  act  of  June  15,  1880. 
Sec'y.  April  27,  1882.    Thomas  F.  Weaver,  9  C.  L.  O.,  95. 

Desert  land  entries : 

140.  Action  regarding  extension  of  time  in,  suspended  until  Con- 

gress acts  in  the  matter. 
Com'r.  (C.)    Feb.  8,  1882,  to  local  officers,  8  C.  L.  O.,  184. 

141.  Entries  not  assignable.    Patents  wiU  issue  only  in  names  of 

the  original  parties. 
Com'r.  (C.)     Feb.  8, 1882.    Pedro  Lodello  et  al,  9  C.  L.  O.,  38. 

Desert  lands  : 

142.  In  the  desert-land  act  the  intendment  of  the  statute  is  to  pro- 

vide for  the  reclamation  of  such  lands  from  their  desert  con- 
dition to  an  agricultural  state. 

Eeclamation  of,  the  mere  conveying  of  water  upon,  is  not  a  ful- 
fillment of  the  law,  unless  in  sufficient  quantity  to  prepare 
such  land  for  cultivation.  Kinal  proof  must  show  that  the 
land  has  been  so  reclaimed. 

Sec'y.  Aug.  2,  1882.    Wallace  v.  Boyce,  9  C.  L.  O.,  120. 


•  DIGEST    OP   DECISIONS.  99 

Deserted  wife : 

14.3.  When  considered  the  head  of  a  familj',  notwithstanding  the 
return  of  the  husband. 
Com'r.  (C.)     June  9, 1882.    Sarah  E.  Pierce,  9  C.  L.  O.,  73. 

144.  When  a,  may  XJurchasc  under  act  of  June  15,  1880,  the  land 

embraced  in  her  husbaud's  homestead  entry,  notwithstand- 
ing certain  contest. 
Act'g  Com'r.  (C.)     Aug.  15, 1882.   Bray  v.  Colby,  9  C.  L.  O.,  IIG. 

Devisee : 

145.  When  the,  of  a  homestead  claimant  is  entitled  to  all  the  privi- 

leges that  would  descend  to  the  heirs. 
Com'r.  (C.)    Feb.  10,  1882.     H.  C.  Dodge,  8  C.  L.  O.,  193. 

Dower  right : 

146.  How  assigned — cases  of  married  men — assignment  of  duplicate 

cash  receipts,  &c. 
Com'r.  (C.)     Oct.  20,  1881.    T.  J.  Edwards,  8  C.  L.  O.,  200. 

Drought : 

See  PiMic  lands,  (final  proof,)  No.  175;  (requirements,)  No.  327;  (timber 
culture,)  No.  398. 

Duplicate  receipt: 

See  Public  lands,  (receipt,)  No.  304. 

Eighty  acres : 

147.  Where  the  excess  above  is  less  than  one  acre  the  fee  is  only 

$5,  not  $10. 
Act'g.  Sec'y.  August  8,  1881.    Alcide  Guidney,  8  C.  L.  O.,  157. 

Entryman  : 

148.  The  honest  efforts  of  an,  will  be  guarded,  wheu — contested 

case. 
Sec'y.  July  24,  1882.     Galloway  v.  Wiuston,  9  C.  L.  O.,  98. 

Entry: 

149.  Homestead,  void  at  inception,  land  may  be  purchased  under 

act  of  June  15,  1880. 
Com'r.  (C.)     Aug.  25,  1881.     Geo.  W.  Maughn,  9  C.  L.  O.,  56. 

150.  Homestead,  illegal  at  inception  on  account  of  alienage  of  claim- 

ant, widow  allowed  to  purchase  land  under  act  June  15, 
1880. 
Com'r.  (C.)     May  23,  1882.    William  H.  White,  9  C.  L.  O.,  57. 

151.  When  cancellation  of  a  homestead  does  not  operate  against 

a  party  desiring  to  ])urcliase  under  act  of  June  15, 1880. 
Sec'y.  June  3,  1882.     John  W.  Miller,  9  C.  L.  O.,  57. 

152.  Statement  of  i)roof  required  in  a  homestead  when  heirs  of  de- 

ceased homestead  party  apply  to  make  final  proof. 
Com'r.  (C.)     May  11,  1882.     Johnson   Dittmer,  9  C.  L.  O.,  58. 

153.  Adjoining  farm,  proceedings  in  view  of  ownership  of  120  acres 

prior  to  homestead  entry  of  160  acres  more. 
Com'r.  (G.)     April  28,  1882.    A.  H.  M.  Saunders,  9  C.  L.  O.,  58. 


100  DIGEST    OF    DECISIONS.  . 

£ntry — Continuod. 

i") t.  rrolbivnoo  ri^lit  of  oontostantuiulor  act  May  14,  ISSO,  to  make, 
not  assijiiiablc. 
C\nn'r.  (C.)     April  17,  1882.     Boysen  v.  Born,  9  C.  L.  O.,  01. 

loo.  On  a  timber  culture,  work  done  by  vendor  or  agent  inures  to 
benelit  of  entrvman  i)urcliaser. 
Sec'y.  April  1,  1882.     Galian  r.  Garrett,  9  C.  L.  O.,  G3. 

156.  In  case  of  deceased  party,  the  order  stated  in  which  patent 

may  issue  regarding-  a  honu'stead. 
Com'r.  (C.)     June  24,  1882.     John  J.  Jones,  9  C.  L.  O.,  73. 

157.  \Vhere  a  timber-culture,  transmuted  to  a  homestead,  on  same 

tract — credit  given  for  residence. 
Com'r.  (C.)     June  7,  1882.     Toijus  H.  Flom,  9  C.  L.  O.,  79. 

158.  When  the  purchaser  of  a  homestead  has  no  standing  in  a  con- 

test, is  deemed  a  stranger,  and  without  right  of  appeal 
from  decision  of  the  Commissioner. 
Sec'y.  Sept.  20,  1882.     Weber  v.  Shappell,  9  C.  L.  O.,  131. 

159.  Eelinquishment  of  a  homestead,  for  the  purpose  of  entering 

tract  under  timber-culture  laws ;  tract  open  to  entry  by 
first  legal  apj)licant. 
Com'r.  (0.)     Sept.  5,  lb82.     Banks  v.  Smith,  9  C.  L.  O.,  130. 

160.  Transfer  of  a  portion  of  a  homestead,  by  a  bona  fide  instru- 

ment in  writing,  no  bar  to  a  purchase  of  remainder  under 
act  June  15,  1880. 
Com'r.  (0.)     Sept.  6,  1882.    John  D.  Hay,  9  C.  L.  O.,  132. 

161.  Made  before  location  of  railroad  line  under  act  of  Mar.  3,1863, 

granting  lands  to  Kansas  in  aid  of  railroads,  but  aban- 
doned after  such  location,  did  not  except  the  land  from  the 
railroad  grant. 
Emil  V.  Young,  24  Kan.  R.,  732. 

162.  With  forged  scrii),  patent  issued,  but  not  delivered,  and  on  dis- 

covery of  forgery  canceled;  locator  permitted  to  re-enter 
the  land,  but  held  to  have  acquired  neither  title  nor  equity 
by  former  entry. 
Eeynoles  v.  County  of  Plymouth,  55  Iowa  R.,  90. 

163.  At  local  offices  in  the  seceding  States,  made  after  the  rebellion 

commenced  and  not  reported  to  the  United  States  author- 
ities, not  recognized. 
Sec'y.  June  21,  1880.    Isaac  C.  Hicks,  7  C.  L.  O.,  71. 

164.  A  homesteader  between  making  entry  and  perfecting  title 

may  unite  with  another  as  partner  in  building  a  mill  on  the 
land,  giving  him  an  interest  in  the  mill,  and  its  profits  for 
his  advances  to  build  it,  without  violation  of  the  homestead 
act. 
Hot  Springs  R.  R.  Co.  v.  Taylor,  36  Ark.  R.,  205. 

Equity : 

165.  When  it  may  be  invoked  to  relieve  against  unusual  hardships. 
Sec'y.  Dec.  20,  1880.     Suspended  entries,  9  C.  L.  O.,  35. 


■    DIGEST    OF   DECISIONS.  101 

Error : 

166.  Eegardii.g  name  in  patent,  procedure  to  rectify. 

Com'r.  (C.)     June  15,  1882.     Alexander  Chaboillez,  9  C.  L.  O., 

84. 

167.  Homestead  entry  is  not  illegal  M^hen,  tlirough  error,  dwelling 

house  erected  upon  a  different  tract  from  that  entered. 
Sec'y.  Feb.  12,  1881.     P.  Higgins,  7  0.  L.  O.,  179. 

See  Public  lands,  (amended  entry,)  No.  33;  (patent,)  No.  275. 
Evidence  : 

168.  What,  required  in  proof  of  death  of  homesteader. 

Com'r.  (C.)     May  93,  1882,  to  R.  &  R.,  Denver,  Colo.,  8  C.  L. 
O.,  55. 

169.  Relinquishment  as,  of  abandonment,  to  inure  to  benefit  of  con- 

testant, must  be  made  before  closing  of  testimony  taken 
before  local  ofl&cers. 
Acting  Sec'y.  Sept.  30,  1882.     John  Powers,  8  C.  L.  O.,  178. 

170.  Required  in  case  of  homestead  entry  made  by  qualified  soldier, 

deceased,  after  making  entry. 
Com'r.  (C.)     Feb.  28,  1882.     Owen  Calton,  8  C.  L.  O.,  192. 

False  and  fraudulent  entries: 

171.  What  are  deemed,  in  soldiers'  and  sailors'  cases ;  declaratory 

statements  filed  by  agents. 
Com'r.  (C.)    Nov.  22,  1882,  to  Geo.  H.  Gardner,  2  Rep'r,  158. 

Father : 

172.  A,  as  heir,  can  complete  the  timber-culture  entry  of  his  de- 

ceased son. 
Com'r.  (C.)    Jan.  6,  1882.     Cowan  v.  Woodside,  9  C.  L.  O.,  37. 

Fees  : 

173.  And  charges  of  local  officers.    Instructions  in  regard  to. 
Com'r.  (C.)     Jan.  27,  1881,  to  R.  &  R.,  Shasta,  Cal.,  7  C.  L.  O., 

18G. 

See  Public  lands,  (eighty  acres,)  No.  147;  (registers  and  receivers,)  Nos. 
307,  308. 

Final  certificate : 

174.  Circular  instructions  regarding  homestead. 
Sec'y.  Dec.  12,  1881,  8  C.  L.  O.,  177. 

Final  proof: 

175.  Where  party  is  absent,  under  act  of  June  4,  1880,  on  account 

of  severe  drought,  and  the  required  five  years'  period  ex- 
pires during  such  absence,  final  proof  may  be  made  as 
though  claimant  were  actually  residing  upon  the  land 
claimed. 
Com'r.  (C.)     Nov.  3,  1881.     Martin  A.  Adams,  8  C.  L.  O.,  121. 

176.  Proceedings  in  making,  under  act  of  May  14,  1880. 
Com'r.  (C.)     Nov.  7,  1881.     W.  C.  Latimer,  8  C.  L.  O.,  122. 

177.  What,  must  show  regarding  minor  children  in  case  of  death  of 

homestead  party. 
Com'r.  (C.)     Jan'y  13,  1882.     Sarah  Leonards,  9  C.  L.  O.,  6. 


102  DIGEST    OF    DECISIONS. 

Final  proof — Coiitimiod. 

ITS.  Paitios   authorizod   to  make,  in   timber-culture  entries,  can 
relinquish  entries. 
Com'r.  (C.)    March  21,  1882.    Geo.  Taylor,  9  0.  L.  O.,  37. 

170.  Protest  against,  what  consitlero<l  as  ])rocoe(lings  in  such  cases. 
Com'r.  (C.)    May  20,  1882.     State  of  Nevada  vs.  Brazzanorich, 
9  C.  L.  O.,  51. 

180.  Statement  of  proof  required  in  case  of  deceased  homestead 

(daimant.  where  heirs  apy^ly  to  make  final  proof. 
Com'r.  (C.)     :May  11,  1882.     John  Dittmer,  0  C.  L.  O.,  58. 

181.  In  desert-land  entries,  what  it  must  show. 

Sec'y.  August  2,  1882.    Wallace  vs.  Boyce,  0  C.  L.  O.,  120. 

182.  In  homestead  cases,  should  be  completed  within  the  seven 

years. 
Sec'y.  April  14,  1881.     Christy  v.  Siegel,  9  C.  L.  O.,  149. 

Forcible  intrusion : 

183.  Review  of  several  decisions  touching  the  application  of  decis- 

ions in  the  cases  of  Atherton  v.  Fowler  and  Hosmer  v. 
Wallace,  to  public-land  cases. 
Com'r.  (C.)    March  31,  1881.    Nickals  v.  Burbank  et  al,  8  C. 
L.  O.,  57. 

Foreigner  : 

See  Publio  lands,  (alien,)  No.  32;  (naturalization,)  Noe,  257,  258. 

GaUiher,  Maria  : 

184.  Decision  in  case  of,  declared  to  have  been  inadvertent. 
Sec'y.  June  3,  1882.    John  W.  Miller,  9  C.  L.  O.,  57. 

General  Land  Office  : 

See  Zand  department,  No.  10,  et  seq. 

Head  of  family : 

See  Public  lands,  (deserted  wife,)  No.  143. 

Hearings  : 

See  Puhlic  lands,  (contested  cases,)  No.  127. 

Heirs  : 

185.  Of  deceased  homestead  claimant,  right  of  purchase  allowed 

to,  under  act  June  15,  1880. 
Com'r.  (C.)     May  31,  1881.     A.  C.  McDonald,  8  C.  L.  O.,  56. 

186.  Final  affidavit  in  homestead  cases  should  be  made  by  one  of 

the,  in  case  of  death  of  claimant. 
Com'r.  (C.)     August  6, 1881.    Lucinda  Hill,  dec'd,  8  C.  L.  O.,  90. 

187.  In  case  of  death  of  timber-culture  claimant  a  relinquishment  of 

the  entry  must  be  the  act  of  the. 
Com'r.  (C.)     August  6,  1881.     Charles  King,  8  C.  L.  O.,  93. 

188.  The  provisions  of  law  regarding  minor  children  cannot  be  de- 

feated by  homestead  party  making  a  will. 
Com'r.  (C.)    Jan'y  13,  1882.    Sarah  Leonards,  9  C.  L.  O.,  6. 

189.  Under  the  timber-culture  laws,  a  father,  as  heir,  can  complete 

the  entry  of  his  deceased  son. 
Com'r.  (C.)    Jan'y  6,  1882.     Cowan  v.  Woodside,  9  C.  L.  O.,  37. 


DIGEST    OF   DECISIONS.  103 

Heirs — Continued. 

190.  How,  may  relinquish  timber-culture  entry. 

Com'r.  (0.)    March  21,  1882.     Geo.  Taylor,  9  C.  L.  O.,  37. 

191.  Where  the,  apply  to  make  final  proof-case  of  deceased  home- 

stead claimant — statement  of  proof  required. 
Com'r.  (C.)    May  11,  1882.    Johann  Dittmer,  9  C.  L.  O.,  58. 

Homestead  claimant: 

192.  Under  act  May  14,  1880,  the,  of  unsurveyed  land  is  placed  in 

same  position  as  a  pre-emption  claimant  regarding  placing 
claim  on   record,  notwithstanding  appropriation  of  land 
by  a  prior  homestead  entry. 
Com'r.  (C.)     Dec.  4,  1880.     Esrey  v.  Glenn,  7  C.  L.  O.,  148. 

193.  On  unsurveyed  land,  not  obliged  to  make  entry  until  tracts 

embraced  in  his  claim  are  surveyed  and  plats  thereof  re- 
turned to  local  office. 
Com'r.  (C.)     Feb.  9,  1881,  to  K.  &  R.,  Los  Angeles,  Cal.,  8  C. 
L.  O.,  7. 

194.  Declaratory  statement  of,  should  be  accompanied  by  his  affi- 

davit, that  he  has  not  made  a  prior  homestead  filing  or 
homestead  entry. 
Act'g  Com'r.  (C.)    April  7,  1881,  to  E.  &  E.,  Watertown,  Dak. 
T'y.,  8  C.  L.  O.,  7. 

195.  Proceedings  when   register  has   good  reasons  for  believing 

that  application  of  a,  not  made  in  good  faith. 
Com'r.  (C.)    May  21,  1881,  to  E.  &  E.,  Ironton,  Mo.,  8  C.  L.  O., 
35. 

196.  To  additional  entry,  under  act  of  March  3, 1879.    No  credit  for 

period  of  settlement  prior  to  entry  is  allowed. 
Com'r.  (C.)     Nov.  27,  1880.     John  Casson,  8  C.  L.  O.,  35. 

197.  Duly  qualified,  may  make  an  additional  entry  under  act  March 

3,  1879,  notwithstanding  his  original  was  changed  to  cash 
entry  under  act  June  15,  1880. 
Act'g  Com'r.     (C.)  July  1,  1881.     Edward  D.  Sewall,  8  C.  L. 
O.,  72. 

198.  Proceedings  of  a,  to  jjrotect  his  interest  when  absent  from  his 

land  on  account  of  illness  and  cannot  return  thereto. 
Com'r.  (C.)    August  17,  1881.     Louisa  C.  Eothwciler,  8  C.  L. 
O.,  90. 

199.  Settling  on  land  covered  by  an  uncanceled  prior  entry,  cannot 

be  credited  with  time  such  prior  entry  remained  uncanceled 
after  his  settlement. 
Com'r.  (C.)     August  10,  1881.     Michael  McVey,  8  C.  L.  O.,  92. 

200.  On  timber  lands,liable  to  ])rosecution  for  removing  and  selling 

timber  before  making  final  proof  on  his  entry. 
Com'r.  (C.)   August  4, 1882.     Miles  Borden,  8  C.  L.  O.,  92. 

201.  brought  to  this  country  during  infancy',  how  his  citizenshii> 

must  be  shown. 
Com'r.  (C.)    Feb.  2,  1882.     William  Miller,  8  C.  L.  O.,  191. 

202.  Having  no  other  recognized  home  than  entry  land — liberal  con- 

struction, act  of  1802. 
Sec'y.  June  23, 1882.     Edwards  v.  Sexson,  9  C.  L.  O.,  72. 


104  DIGEST    OF    DECISIONS. 

Homestead  claiDumf — Continued. 

L'O.'k   ntH'(':is(Ml — tlu>    onler   stated    in   wliicli    i>atent   may   issue — 

NVill. 

Courr.  (C.)     J une  24,  ISSL'.    John  J.  Jones,  9  C.  L.  O.,  7;^ 

204.  Failinji'  to  make  entry  in  time,  tboug:h  living  on  the  land,  may 

lile  as  a  preeniptor,  and  defeat  an  adverse  liomestead 
entry. 
Com'r.  (C.)    June  IG,  1882.    Duncan  v.  Campbell,  9  C.  L.  O., 
74. 

Homestead  entry : 

205.  Under  act  of  May  14, 1880,  homestead  claimant  of  unsurveyed 

land  placed  in  same  position  as  pre-emption  claimant  re- 
garding placing  claim  on  record,  »S:c.,  notwithstanding  the 
fact  that  the  land  has  been  appropriated  by  a  jirior  home- 
stead entry. 
Com'r.  (C. )     Dec.  4, 1880.   Esrey  v.  Glenn,  7  C.  L.  O.,  148. 

200.  Alleged  abandonment  of  a,  cured  by  purchase  of  tract,  under 
act  June  15,  J  880,  at  any  time  prior  to  cancellation  of 
entry. 
Sec'y.  Mar.  12, 1881,  Gohrman  v.  Ford,  9  C.  L.  O.,  6. 

207.  Homestead  settler  on  unsurveyed  land  not  obliged  to  make 

entry  until  all  tracts  embraced  in  his  claim  surveyed  and 
plats  thereof  returned  to  or  filed  in  local  office. 
Com'r.  (C.)     Feb.  9, 1881,  to  E.  &  R.,  Los  Angeles,  Cal.,  8  C.  L. 
0.,7. 

208.  A  homestead  declaratory  statement  should  be  accompanied  by 

claimant's  affidavit  that  he  has  not  made  a  prior  homestead 
filing,  or. 
Act'g  Com'r.  (C.)     April  7,  1881,  to  E.  &  E.,  Watertown,  Da- 
kota T'y,  8  C.  L.  O.,  7. 

209.  Eejection  of  application  for  a — proceedings  when  the  register 

has  grounds  for  believing  application  not  made  in  good 
faith. 
Com'r.  (C.)     May  21, 1881.  to  E.  &  E.,  Ironton,  Mo.,  8  C.  L.  O., 
35. 

210.  A  new,  under  act  March  3, 1879,  may  be  allowed,  notwithstand- 

ing a  settlement  on  the  land  embraced  in  original  entry 
was  not  made — privilege  allowed  by  law  unconditional. 
Com'r.  (C.)     Mar.  26, 1881.     Anton  Eazer,  8  C.  L.  O.,  35. 

211.  Final  commissions  on,  how  computed. 

Act'g  Com'r.  (C.)     June  1, 1881,  to  E.  &  E.,  Jackson,  Miss.,  8  C. 
L.  O.,  55. 

212.  Transmittal  of  proof  on — instructions. 
Act'g  Com'r.  (C.)     June  15, 1881,  8  C.  L.  O.,  55. 

213.  Proof  of  death  of  homestead  party — evidence  required. 
Com'r.  (C.)     May  23,  1881.     Adolph  Seidensticker,  S  C.  L.  O., 

55. 

214.  Proceedings  of  homesteader  to  protect  his  interest  where  ab- 

sent from  his  laud  on  account  of  illness  and  cannot  return 
thereto. 
Com'r.  (C.)     Aug.  17,  1881.     Louisa  C.  Eothweiler,  8  C.  L.  O., 
90. 


DIGEST    OF   DECISIONS.  105 

Homestead  entry  —Continued. 

215.   Claimant  settling  on  land  covered  by  an  uncanceled  prior 
entry  cannot  be  credited  with  the  time  such  prior  entry  re- 
mained uncanceled  after  his  settlement. 
Com'r.  (C.)     Aug.  10,  1881.     Michael  McVey,  8  C.  L.  O.,  92. 

210.  Before  final  proof  made  on,  homestead  claimants  on  timber 
lands  liable  to  prosecution  for  removing  and  selling  tim- 
ber. 
Com'r.  (C.)     Aug.  4,  1882.     Miles  Borden,  8  C.  L.  O.,  1)2. 

217.  When  an  application  to  homestead  laud  will  be  treated  as  a 

personal  and  not  an  of&cial  transaction. 
Com'r.  (C.)     Aug.  26, 1881.    A.  A.  McElyea,  8  C.  L.  O.,  107. 

218.  Act  of  June  15,  1880,  will  cover  a  second,  when  made  in  good 

faith,  though  in  ignorance  of  the  law. 
Com'r.  (C.)     Nov.  29,  1881.     McNeff  v.  Newman,  8  C.  L.  O., 
158. 

219.  Widow's  original,  when  the  five  years'  time  required  under  the 

law  dates  from. 
Com'r.  (C.)     Dec.  9,  1881.    Margaret  Walker,  8  C.  L.  O.,  175. 

220.  Notice  of  proof  regarding,  under  act  March  3, 1879,  should  be 

published  in  newspapers  of  good  repute  nearest  the  land 
by  the  usual  traveled  routes. 
Com'r.  (C.)    Dec.  19,  1881,  to  E.  &  E.,  Leadville.  Col.,  8  C.  L. 
O.,  177. 

221.  A  foreigner  having  made  a,  it  is  illegal  and  must  be  canceled^ 

although  he  may  afterward  declare  his  intention  and  be- 
come a  citizen. 
Com'r.  (C.)     Feb.  2,  1881.     Patrick  Marrion,  8  C.  L.  O.,  191. 

222.  Where  a,  is  void  at  inception,  land  may  be  purchased  under 

act  of  June  15,  1880. 
Com'r.  (C.)    Aug.  25,  1881.     Geo.  W.  Maughn,  9  C.  L.  O.,  50. 

223.  When  a,  takes  date — in  view  of  alleged  settlement. 
Com'r.  (C.)     April  26,  1882.    Kate  Cox,  9  C.  L.  O.,  58. 

224.  When  a  new,  permitted — land  unfit  for  cultivation. 

Com'r.  (C.)     May  26,  1882.     Ludwig  P.  Skarstad  et  al,  9  C.  L. 
O.,  58. 

225.  Where  lack  of  water,  and  in  view  of  facts,  a  second  permitted. 
Com'r.  (C.)     May  4,  1882.     Benedict  Levin,  9  C.  L.  O.,  58. 

220.  In  every  case  an  actual,  ])ersonal,  continuous  residence  is  not 
necessary.    The  act  of  1882  should  be  liberally  constrned,^ 
claimant  having  no  other  recognized  home. 
Sec'y.  June  23,  1882.     Edwards  v.  Sexson,  9  C.  L.  O.,  72. 

227.  In  case  of  death  of  deceased  homestead  party,  the  order  stated 

in  which  patent  may  issue. 
Com'r.  (C.)     June  24,  1882.     John  J.  Jones,  9  C.  L.  O.,  73. 

228.  In  what  case  and  how  an  adverse,  may  be  defeated. 
Com'r.  {V:)     June  10,  1882.     Duncan  v.  Campbell,  9  C.  L.  O,, 

74. 


106  DIGEST    OF    DECISIONS. 

Ilomestcad  cuti'i/ — Continued. 

•        220.  rnlinvful  to  nllow  a,  in  case  of  one  who  by  his  own  admission 
has  failed  to  lile  in  time  for  hind  enibiaeed  in  the  snbsist- 
injj  entry  of  a  homesteader.     Act  of  May  14,  1880. 
Com'r.  (C.)     Juno  20,  1882.     Uolst  v.  Phelps,  9  C.  L.  O.,  75. 

230.  Case  where  a.  in  yiew  of  certain  facts,  treated  as  an  adjoining 
farm  entry. 
Com'r.  (C.)    July  19,  1882.    Isaac  S.  Riggs,  9  0.  L.  O.,  96. 

*^ Homestead  laics^\' 

2ol.  The  expression,  in  act  of  June  15,  1880,  is  generic,  and  refers 
to  all  yested  adyerse  rights. 
Sec'y.  July  18,  1882.     George.  S.  Bishop,  9  0.  L.  O.,  95. 

Ignorance  of  the  law: 

232.  When  excusable,  where  homestead  entry  made  in  good  faith. 

(On  appeal  to  Secretary.) 
Com'r.  (C.)    Nov.  29, 1881.    McNeff  v.  Newman,  8  C.  L.  O.,  158. 

Indian  lands: 

233.  Kansas  trust  and  diminished  reserve.    Regarding  the  use  of 

Kansas  scrip  and  "  Stevens  scrip"  in  payment  for. 
Sec'y.  Sept.  5,  1881,  to  Com'r.,  8  C.  L.  O.,  109. 

234.  Cherokee,  in  Arkansas.    Relative  to  survey  and  sale  of,  and 

stipulations  under  treaties  of  1828  and  1833. 
Recommendations  of  Com'r.  approved  by  Sec'y.  March  19, 
J881,  8C.  L.  O.,  110. 

Indian  reservations : 

235.  Permanent,  defined. 

Sec'y.  Oct.  20,  1882,  2  Rep'r,  155. 

236.  What  is  understood  as  "reservation  held  by  common  Indian 

title." 
Sec'y.  Oct.  20, 1882,  2  Rep'r,  155. 

See  Public  lands,  (Miami  Indian  Reservation, )  Nos.  250,251;  (Otoe  and 
Missouria  Indian  Reservation,)  No.  270;  (Ottawa  and  Chippevra  In- 
dian Reservation,)  No.  271;  Sioux  and  Winnebago  Indian  Reserva- 
tion,) No.  350. 

Indian  scrip : 

237.  Relative  to  ownership  of,  in  case  of  failure  of  location. 
Com'r.  (C.)     Aug.  10,  1881.    Gardepie  v.  Blair,  8  C.  L.  O.,  26. 

238.  Respecting  the  use  of  what  is  known  as  Kaw,  in  payment  for 

Kansas  trust  and  diminished  reserve  lands,  under  treaty 
of  March  13,  1862. 
Sec'y.  Sept.  5,  1881,  8  C.  L.  O.,  109. 

239.  Chippewa  half-breed,  relative  to  ownership  of,  under  certain 

circumstances. 
Sec'y.    Feb.  3,  1882,  8  C.  L.  O.,  199. 

240.  Choctaw — defective   scrip   location — cash   payment  may   be 

made,  to  perfect  entry,  when.     Ownership  of  scrip  in  cer- 
tain case. 
Com'r.  (C.)     July  26, 1882.     Campbell  Leflore,  9  C.  L.  O.,  137. 


DIGEST    OF   DECISIONS.  107 

Instructions : 

241.  Kegarding  final  commissions  in  homestead  cases;  how  com- 

puted. 
Acting  Com'r.  (C.)     June  1,  1881,  8  C.  L.  O.,  55. 

242.  Kegarding  transmittal  of  homestead  proof,  taken  before  judge 

or  clerk  of  court. 
Acting  Com'r.  (0.)     June  15,  1881,  8  C.  L.  O.,  55. 

243.  Eegarding  soldiers'  additional  homestead  entries,  what  re- 

quired in  the  matter  of  residence,  «&c. 
Com'r.  (C.)    Aug.  22,  1881,  to  E's.  &  E's.,  8  C.  L.  O.,  88. 

244.  Eegarding  lands  reduced  in  price  by  sec.  3,  act  of  June  15, 

1880,  and  not  heretofore  offered  at  public  sale  at  minimum 
price. 
Circular,  Oct.  10,  1881,  8  C.  L.  O.,  121. 

245.  Circular  of,  regarding  making  of  final  proof  on  timber-culture 

Circular  of  Feb.  1,  1882,  8  C.  L.  O.,  195. 

Intrusion : 

See  PuMio  lands,  (forcible  intrusion,)  No.  183. 

Kansas : 

See  Public  lands,  (Miami  Indian  Reservation  in,)  Nos.  250,257;  Otoe  and 
Missouria  Indian  Reservation,  No.  270. 

Legal  representatives : 

246.  The  heirs  or,  of  a  timber-culture  claimant,  only  can  relinquish 

entry. 
Com'r.  (C.)     March  21,  1882.     George  Taylor,  9  C.  L.  O.,  37. 

See  Public  lands,  (administrator,)  No.   18,  et  seq.  ;    (devisee,)  No.  145; 
(heirs,)  No.  185,  et  seq. 

Married  icoman : 

247.  A  woman  having  married  is  not  disqualified  from  making  an 

additional  homestead  entry  under  act  of  March  3,  1879. 
Com'r.  (C.)     Sept.  29,  1881.    Eda  M.  Carnochan  nee  Cady,  8  C. 
L.  O.,  121. 

248.  A,  cannot  acquire  title  to  public  land  under  the  timber-culture 

act  of  1878. 
Com'r.  (C.)    Nov.  30,  1881,  8  C.  L.  O.,  158. 

249.  Dower  right  of — how  assigned ;  cases  of  married  men ;  assign- 

ment of  duplicate  cash  receipts,  «&c. 
Com'r.  (C.)     Oct.  20,  1881.    T.  J.  Edwards,  8  C.  L.  O.,  200. 

See  Public  lands,  (deserted  wifo,)  Nos.  143,  144. 
Miami  Indian  Reservation  in  Kansas  : 

250.  Instructions  under  act  of  Juno  27,  1882. 
Com'r.  (0.)    June  29,  1882,  9  C.  L.  O.,  103. 

251.  Notice  to  settlers  on  unallotted  lands  in  same. 
Com'r.  (C.)    July  19,  1882,  9  C.  L.  O.,  138. 

Minnesota  : 

252.  Proclamation  withdrawing  from  sale  or  disposal  certain  lands 

in. 
Public  notice,  Nov.  28,  1^81,  8  C.  L.  O.,  185. 


108  DIGEST    OF    DECISIONS. 

Militart/  Inntntiz-hnul  wurrajils : 

2").'>.  AttJU'liiiiji"  seal  of  ollieo  to  Com'r's  certificate  regarding  regu- 
larity of  assigunient  of,  discontinued. 
Corn'r.  (C.)    Jan.  12,  188L>,  to  local  ollicers,  8  C.  L.  O.,  184. 

^^^^^o>'  children  : 

254.  A  niariicd  woman  under  tlio  ace  of  21  years,  the  child  of  a  de- 

ceased person  qnalilied,  if  liyinj;',  to  make  "a soldier's  home- 
stead," is  a  minor  orphan  chihl  under  sec.  2307  II.  S. 
Sec'y.  Dec.  8,  1880.    Maria  J.  Stuart,  7  0.  L.  O.,  148. 

255.  The  i)royisions  of  la\y  regarding,  cannot  be  defeated  by  home- 

stead party  making  a  will.     What  tinal  proof  must  show 
regarding,  in  case  of  death  of  homestead  party. 
Com'r.  (C.)     Jan.  13,  1882.    Sarah  Leonards,  9  C.  L.  O.,  6. 

Mistake : 

See  Public  lands,  (error,)  Xos  16(5,  167. 

2[ulching  : 

256.  When  it  will  be  allowed  on  timber-culture  entries. 

Com'r.  (C.)     Feb.  17,  1882.     Enoch  W.  Poor,  8  C.  L.  O.,  195. 

yaturalization : 

257.  Homestead  party  claiming,  through  his  father  must  show  that 

he  was  dwelling  wathin  the  United  States  at  the  date  of  his 
father's  naturalization. 
Com'r.  (C.)     June  28,  1882.    Adolphus  Pinder,  9  C.  L.  O.,  72. 

258.  Only  courts  haying  clerks  separate  and  distinct  from  the  judges 

are  competent  to  naturalize  aliens. 
Com'r.  (C.)    June  10,  1882.     Letter  to  J.  F.  Hechtman,  esq.,  9 
C.  L.  O.,  72. 
Nebraska : 

See  Public  lands,  (Otoe  and  Missouria  Indian  Reservation,)  No.  270. 

Newspapers : 

259.  Instructions  regarding  charges  for  publication  of  certain  no- 

tices, 8  C.  L.  O.,  175. 

260.  Of  good  repute  should  be  selected  by  local  officers  where  no- 

tice regarding  proof  under  act  March  3, 1879,  is  to  be  giveu 
by  publication ;  newspapers  nearest  the  land  by  usual  trav- 
eled routes. 
Com'r.  (C.)    Dec.  19,  1881,  to  E.  &  R.,  Leadville,  Colo.,  8  C.  L. 
O.,  177. 
Notice  : 

261.  In  contested  case,  must  be  given  by  personal  service,  when 

address  of  the  defendant  is  known. 
Sec'y.  Jan.  13,  1881.     Gulseth  v.  Samson,  7  C.  L.  O.,  163. 

262.  By  publication,  being  in  several  parMculars  defective,  contest 

dismissed. 
Sec'y.  Jan.  29,  1881.    Eeinmer  v.  Doty,  8  C.  L.  O.,  7. 

263.  Of  continuance,  in  contest  case,  need  not  be  given  by  publica- 

tion, when. 
Com'r.  (C.)     May  16,  1881,  to  Chas.  L.  Truman,  8  C.  L.  O.,  36. 


DIGEST    OF   DECISIONS.  109 

Notice — Continued. 

264.  What  must  be  stated  by  local  officers  in  a,  of  their  decision  in 

contested  case. 
Com'r.  (0.)    August  15, 1881.    Vinson  v.  Keith,  8  C.  L.  O.,  90. 

265.  Of  proof,  under  act  March  3,  1879,  should  be  published  in 

newspapers  of  good  repute  nearest  the  land  by  usual  trav- 
eled routes. 
Com'r.  (C.)     Dec.  19,  1881,  to  E.  «&  E.,  Leadville,  Colo.,  8  C.  L. 
O.,  177. 

266.  When  a,  of  decision  of  the  General  Land  Office  is  sent  by 

mail  to  local  officers  to  be  served  by  them,  ten  days  are 
allowed  in  addition  to  the  sixty  allowed  under  the  rulings 
of  the  Department. 
Com'r.  (C.)     Feb.  10,  1882,  to  Hon.  Montgomery  Blair,  8  C.  L. 
O.,  188. 

267.  Irregularity  in,  of  hearing,  cured  by  appearance  of  party  who 

proceeds  without  objection  thereto. 
Sec'y.  May  3,  1882.     Morse  v.  Payne,  9  C.  L.  O.,  70. 

268.  Variance  between,  and  affidavit  of  contest,  when  too  late  for 

defendant  to  take  advantage  of. 
Com'r.  (C.)     Aug.  31,  1881.     Gould  v.  Weisbecker,  9  C.  L.  O., 
151. 

269.  To  settlers  on  unallotted  lauds  in  Miami  Indian  Eeservation, 

in  Kansas. 
Com'r.  (C.)     July  19,  1882,  9  C.  L.  O.,  138. 

See  Pub.  Lands,  (j)ractice,)  No.  283. 

Otoe  and  Missouria  Indian  Reservation  in  Kansas  and  Nebrasica : 

270.  How  land  in,  will  be  sold. 

Com'r.  (C.)     Dec.  27,  1881.     Hon.  ¥.  Ford,  8  C.  L.  O.,  184. 

Ottawa  and  Chippewa  Indian  Reservation : 

271.  Lauds  in,  reserved  as  being  "  valuable  mainly  for  pine  timber," 

not  subject  to  disjiosal  until  further  legislation  bv  Congress. 
Com'r.  (C.)    July  17, 1882.    White  and  Mallett,  9  C.  L.  O.,  138. 

Patent : 

272.  Act  of  March  3,  1879.    Provisions  of  law  regarding  issue  of, 

an  new  or  additional  entries. 
Com'r.  (C.)     March  1,  1882,  Joseph  D.  Sharp,  9  C.  L.  O.,  6. 

273.  Desert  land,  will  issue  only  in  names  of  the  original  parties. 
Com'r.  (C.)     Feb.  8,  1882.     Pedro  Sodello  et  «?.,  9  C.  L.  O.,  38. 

274.  In  homestead  cases,  the  order  stated  in  which,  may  issue. 
Com'r.  (C.)     June  24,  1882.    John  J.  Jones,  9  C.  L.  O.,  73. 

275.  How,  or  in  what  case,  may  be  corrected,  so  that  nauie  of 

patentee  shall  agree  with  signature.     When  remedy  of 
party  is  in  the  courts. 
Com'r.  (C.)    June  15,  1882.    Alexander  Chaboillez,  9  C.  L.  O., 

84. 

276.  To  homesteader  after  contest  on  decision  of  GeiiHiral  Laud 

Office,  not  appealed  from,  held  paramount  to  railroad  title 
under  land  grant. 
Kan.  Pac.  E'way  Co.  v.  Dunmeyer,  24  Kan.  E.,  725. 


110  DIGEST    OF    DECISIONS 

Ftrjurif  : 

1*77.  Any  i)erson  luivinj]:  knowiotlgco  of,  may,  on  proper  sbowing, 
ciiuso  the  aiiest  of  perjuieis  in  land  eases. 
Coin'r.  (C.)     Jan.  22,  1881,  to  Andrew  J.  Osburn,  8  C.  L.  O.,  7. 

Permanent  Indian  reservation: 

278.  Detinition  of  the  term. 

Sec'y.  Oct.  20,  1882,  2  Kep'r,  155. 

Personal  right : 

279.  A  preference  rij^^ht  of  contestant  is  a,  and  is  in  him  only  who 

contests  and  procures  the  cancellation  of  an  entry — a  right 
which  is  not  assignable. 
Sec'y.  Sept.  20,  1882.     Weber  v.  Shappell,  9  C.  L.  O.,  131. 

PJanting : 

Seo  Pub.  lands,  (timber  culture,)  Nos.  31)0,  3tJ2,  366,  367. 

Possession  : 

280.  Public  lands  claimed  by  virtue  of,  claimant  is  bound  to  take 

such  precaution  as  will  advise  all  the  world  of  his  rights. 
Forsyth  v.  Eichardson,  1  Idaho  R.,  459. 

281.  Certificate  of,  in  accordance  with  law,  is  an  equitable  sever- 

ance of  the  land  from  the  public  domain,  and  sufficient  evi- 
dence of  title,  when  accompanied  by  possession,  to  found 
the  basis  of  prescription  against  the  holder  of  a  patent 
issued  subsequently  to  the  acquisition  of  such  prescription. 
Gray  v.  Ellis,  33  La.  An'l  R.,  249. 

282.  Claim  by  right  of,  against  the  United  States  is  very  slight^ 

and  so  long  as  the  United  States  retains  the  legal  title,  the 
statute  of  limitations  does  not  run  against  it,  nor  does  any 
equity  arise  from  such  possession. 
Simmons  r.  Ogle,  105  S.  C,  271. 

Practice : 

283.  Proceedings,  where  contest  is  continued,  published  notice  of 

contest  having  been  given  in  the  first  instance. 
Com'r.  (C.)    May  16, 1881,  to  Chas.  L.  Truman,  8  0.  L.  O.,  36. 

284.  In  contested  cases  the  proof  should  be  confined  to  the  allega- 

tions, and  judgment  rendered  only  on  thQ  questions  at 
issue. 
Sec'y.  June  9,  1881.     Schelter  v.  Off.,  8  C.  L.  O.,  53. 

285.  In  what  case  additional  time  allowed  for  appeal— Rule  44  of 

Practice,  indefinite. 
Com'r.  (C.)    July  1, 1882.    Markers  v.  Canady,  and  other  cases, 
9  C.  L.  O.,  70. 

286.  Regarding  arguments,  and  copies  for  service,  in  contested  case& 

where  appeals  are  taken. 
Act'g  Com'r.  (C.)     June  2,  1881,  9  C.  L.  O.,  110. 

See  Public  lands,  (Eules  of  Practice,)  Nos.  341,  342,  343. 

Pre-emption  law  and  timber-culture  law: 

287.  What  is  required  under  each — no  distinction  between  require- 

ments of. 
Sec'y.  July  24,  1882.     Galloway  v.  Winston,  9  C.  L.  O.,  98. 


DIGEST    OF    DECISIONS.  Ill 

Freference  right: 

288.  The  act  of  May  14,  1880,  gives  the  coutestant  of  a  homestead 

entry  a  prefereuee  right  ouly  iii)ou  cancellation  of  the 
entry. 
Sec'y.  March  12,  1881.     Gohrman  v.  Ford,  8  C.  L.  O.,  C. 

289.  Of  contestant,  personal,  and  cannot  be  transferred  or  assigned. 
Comr.  (C.)  Jan.  13,  1882.     Bennet  v.  Collins,  8  C.  L.  O.,  172. 

290.  Of  contestant  in  timber-culture  cases,  thirty  days  to  enter  land; 

meantime  no  other  timber-culture  entry  can  be  made  in 
same  section. 
Sec'y.  March  13,  1882.    Wm.  Ehmen,  9  C.  L.  O.,  36,  37. 

291.  Of  contestant,  under  act  May  14,  1880,  is  a  personal  one,  and 

not  assignable. 
Com'r.  (C.)     April  17,  1882.     Boysen  v.  Born,  9  C.  L.  O.,  61. 

292.  Eelinquishraent  of  timber  lands — party  jirocuring  and  filing  re- 

linquishment acquires  no  preference  right. 
Com'r.  (C.)     June  30,  1882.     Martin  v.  Pugh,  9  C.  L.  O.,  79. 

293.  Of  contestant,  holds  good,  notwithstanding  allegations  that 

timber-culture  entry  was  illegal  at  inception. 
Sec'y.  Aug.  1,  1882.     Haskins  v.  Kichols,  9  C.  L.  O.,  118. 

294.  Does  not  attach  when  purchase  of  land  is  made  jjrior  to  can- 

cellation of  entry. 
Com'r.  (C.)     Sept.  6,'  1882.    John  D.  Hay,  9  C.  L.  O.,  132. 

295.  Is  acquired  under  act  of  May  4,  1880,  by  one  who  successfully 

contests  a  homestead  entry,  pays  fees,  &c.,  and  gains  such 
adverse  standing  as  to  prevent  the  entryman  from  payiug 
for  the  land  under  act  of  June  15,  1880. 
Act'g  Com'r.  Oct.  29,  1880.     Gohrman  v.  Ford,  7  C.  L.  O.,  135. 

296.  Where  a  second  contest  initiated  prior  to  the  termination  of  a 

prior  one,  and  the  entry  in  question  is  canceled  as  the  re- 
sult of  first  contest,  the  second  contestant  has  no  prefer- 
ence right  of  entry,  should  the  first  contestant  fail  to  make 
entry.  The  preference  right  being  personal  cannot  be 
transferred  or  assigned. 
Com'r.  (C.)     Jan.  13,  1882.     Bennett  v.  Collins,  8  C.  L.  O.,  172. 

Private  entries : 

297.  An  application  in  writing  is  the  foundation  of  all,  or  entries 

generallj",  where  a  memorandum  of  the  land  sought  to  be 
entered  is  required  by  law  or  regulations. 
Com'r.  (C.)    Nov.  15, 1880,  to  Wm.  Sensenderfer,  7  C.  L.  O.,  167. 

Protest  : 

See  Public  lands,  (final  proof,)  No.  179. 

Purchase  : 

298.  Money  cannot  be  refunded  where  party  has  taken  benefit  of 

act  of  June  15,  1880,  and  paid  the  required  i)rice  for  his 
land. 
Com'r.  (C.)     Jan.  9,  1882.     W.  W.  Dewhurst,  8C.  L.  O.,  178. 

299.  Of  canceled  homestead  entry,  when  allowed  under  act  June  15, 

1880. 
Sec'y.  June  3,  1882.     John  W.  Miller,  9  C.  L.  O.,  57. 


112  DIGEST    OF    DECISIONS. 

Pu  rch  ase — C  on  t  i  i  mod . 

300.  An  application  to,  prior  to  cancellation  of  homestead  entry  de- 

teats  contest.     Under  act  of  June  15,  1880,  transfer  of  a 
I)ortion  of  the  land  embraced  in  a  homestead  entry  by  bona 
fide  instrnment  in  writinj;  is  no  bar  to  i)urchase. 
Com'V.  (C.)     Sept.  0,  1S8L*.     John  D.  Hay,  9  C.  L.  O.,  132. 

Fiinhaser : 

301.  When  a,  from  original  entryman  may  make  an  adjoining  farm 

entry. 
Com'r.  (C.)    June  17,  1882,  to  E.  and  R.,  Jackson,  Miss.,  9  C. 
L.  ().,  74. 

302.  Of  homesteaders  rights — rights  of,  under  act  of  June  15, 1880. 
Sec'y.  April  27,  1882.    Thomas  F.  Weaver,  9  C.  L.  O.,  95. 

303.  Of  a  homestead  claim  has  no  standing  in  a  contest,  when. 
Sec'y.  Sept.  20,  1882.     Weber  v.  Shappell,  9  C.  L.  O.,  131. 

Receipt : 

304.  When  transfer  of  duplicate,  is  not  a  legal  transfer  of  title  to 

land. 
Com'r.  (0.)     July  10,  1882.     Ella  M.  Hoyt,  9  C.  L.  O.,  95. 

Reclamation  : 

See  Public  lands,  (desert  lands,)  No.  142. 

Record : 

305.  Homestead  claimant,  by  act  of  May  14,  1880,  is  placed  in  same 

position  as  pre-emption  claimant,  in  regard  to  right  to  place 
claim  on  record  within  three  months  alter  the  filing  of 
township  iilat  in  local  ofiQce. 
Com'r.  Dec.  4,  1880.     Ezrey  v.  Glen,  7  C.  L.  O.,  148. 

306.  Of  contest  lost — proceedings  in  case  of. 

Com'r.  (C.)     May  19,  1882.    John  Zeigler,  9  C.  L.  O.,  60. 

Registers  and  receivers : 

307.  Instructions  to,  regarding  fees  and  charges. 

Com'r.  (C.)    Jan.  27,  1881,  to  E.  &  E.,  Shasta,  Cal.,  7  C.  L.  O., 
186. 

308.  Salaries,  fees,  and  commissions  of,  how  prescribed. 
First  Comptroller,  July  25,  1881,  to  Com'r,  8  C.  L.  O.,  78. 

309.  What  must  be  stated  by,  in  notices  of  decisions  in  contested 

cases. 
Com'r.  (C.)    Aug.  15,  1881.    Vinson  v.  Keith,  8  C.  L.  O.,  90. 

310.  A  homestead  party  appointed  register  may  perfect  entry, 

when ;  purchase  under  act  of  June  15,  1880. 
Com'r.  (C).    Aug.  3, 1882.    Thomas  J.  Scott,  9  C.  L.  O.,  132. 

311.  The  duties  of,  are  separate  and  distinct,  and  neither  can  dis- 

charge those  of  the  other  in  the  absence  of  express  au- 
thority therefor,  &c. 
Acting  Com'r.   (C.)     Nov.  23,  1882.     Christian  F.  Ebinger,  2 
Eep'r,  154. 

312.  A  party  acting  upon  the  suggestion  of  one  or  the  other  should 

lose  nothing,  unless. 
Acting  Com'r.  (C.)    Nov.  13. 1882.    Schmidt  v.  Stillwell,  2  Eep'r, 
154. 


DIGEST    OF    DECISIONS.  113 

Registers  and  receivers — Continued. 

313.  Unlawful  demands  of  receiver  regarding  timber-culture  en- 

tries— case  stated. 
Sec'y.  Dec.  4,  1880.    H.  O.  Hodges,  7  C.  L.  O.,  150. 

Relinquishment : 

314.  Filed  before  final  disposition  of  contest,  treated  as  proof  of 

abandonment,  &c.    Acts  May  14, 1880,  and  June  15,  1880. 
Acting  Sec'y.  June  2, 1881.    Johnson  v.  Halmsou,  8  C.  L.  O.,  50. 

315.  In  case  of  death  of  timber-culture  claimant,  must  be  the  act 

of  all  the  heirs. 
Com'r.  (C.)     Aug.  6, 1881.    Charles  King,  8  C.  L.  O.,  93. 

316.  A  qualified  party  may  make  a,  of  a  timber-culture  entry  of  80 

acres,  and  thereafter  may  enter  the  tract,  under  act  of 
March  3, 1879,  as  an  additional  to  his  original  homestead 
entry. 
Com'r.  (C.)     Xov.  7,  1881.   W.  C.  Latimer,  8  C.  L.  O.,  122. 

317.  Xot  allowed  of  one  timber-culture  entry  for  the  purpose  of 

making  second  entry  elsewhere. 
Com'r.  (C.)     Nov.  5,  1881.    W.  A.  Lewis,  8  C.  L.  O.,  122. 

318.  A,  to  inure  to  benefit  of  contestant,  under  act  of  May  14, 

1880,  as  evidence,  the  allegation  being  abandonment,  must 
be  made  before  the  closing  of  testimony  taken  before  local 
ofiicers. 
Com'r.  (C.)     Sept.  30,  1881.     John  Powers,  8  C.  L.  O.,  178. 

310.    Proceedings  where  homestead  claimant  lias  entered  by  mis- 
take a  tract  upon  which  his  improvements  are  not  located, 
and  the  tract  desired  is  in  a  different  land  district. 
Com'r.  (C.)     Jan.  30,  1882.     Geo.  W.  Burkett,  8  C.  L.  O.,  192. 

320.  Of  homestead  entry  because  of  conflict  and  to  avoid  contest, 

does  not  ])revent  a  party  from  making  another  entry. 
Com'r.  (C.)     Feb.  2,  1882.     Edward  Ezernack,  8  C.  L.  O.,  192. 

321.  Party  making  a,  cannot  relinquish  less  than  a  40-acre  subdivis- 

ion, where  the  bomestead  entry  was  made  by  regular  sub- 
divisions. 
Com'r.  (C.)    Mar.  23,  1882.     Evan  Ellis,  9  C.  L.  O.,  7. 

322.  Of  a  timber- culture  entry  of  a  deceased  claimant,  can  be 

made  only  bv  the  heirs  or  legal  representatives. 
Com'r.  (C.)     Mar.  21,  1882.    Geo".  Taylor,  9  0.  L.  O.,  37. 

323.  Regarding  timber  lands — party  procuring  a,  of  affidavit,  &c., 

acquires  no  preference  right. 
Com'r.  (C.)     June  30,  1882.    Martin  v.  Pugh,  9  C.  L.  O.,  79. 

324.  Where  made  of  a  homestead  entry  for  ])uri)ose  of  making  a 

timber-culture  entry  on  same  land,  tract  is  oj»en  to  entry 
by  first  legal  ai)p]icant. 
Com'r.  (C.)     Sept.  5,  18S2.     Banks  v.  Smith,  9  C.  L.  O.,  130. 

325.  Of  a  timber-culture  entry,  cannot  be  made  by  an  administra- 

tor, unless. 
Acting  Sec'y.  Nov.  9,  1882.    Sally  Hickok,  2  Rep'r,  154. 

Replanting  : 

Soo  Public  lands,  (timber  cvilttire,)  No.  307. 

H.  Mis.  45,  pt.  1 8 


114  DIGEST    OF    DKCISIONS. 

Ixcquircmoits: 

o-i't.  Ol'  timber  culture   law.     What    is   a   substantial   compliance 
with. 
Conrr.  (C.)     April  G,  1882.     Kennedy  r.  Olson,  9  C.  L.  O.,  04. 

o'2'.  Of  timber-culture  law  in  the  matter  of  breakinj:?,  cannot  be 
excused  on  account  of  season  of  drouj'ht. 
Sec'y.  June  '60,  1882.    Truax  v.  Semper,  9  0.  L.  O.,  79. 

328.  No  distinction  between,  of  the  pre-emption  and  of  timber- 

culture  laws.     What  required  under  each. 
Sec\v.  July  24,  1882.    Galloway  r.  Winston,  9  C.  L.  O.,  98. 

329.  Of  soldier,  in  tiling  declaratory  statement  of  intention  to  en- 

ter land  under  the  homestead  law. 
Com'r.  (C.)    Nov.  22,  1882,  to  Geo.  H.  Gardner,  2  Eep'r,  158. 

Beseri'dtion  : 

See  Public  lands,  (Indian  reservations,)  Nos.  235, 236,  &c. 

Bcsidence  : 

330.  A  party  absent  on  account  of  severe  drought,  under  act  of 

June  4, 1880,  is  held  to  be  constructively  residing  upon  his 
laud.    Five  years  expiring  during  such  absence,  can  make 
final  proof. 
Com'r.  (C.)    Nov.  3, 1881.    Martin  A.  Adams,  8  C.  L.  O.,  121. 

331.  When  a  few  days  of,  should  not  be  construed  as  evidence  of 

want  of  good  faith. 
Com'r.  (C.)    Jan.  13,  1882.    Nickels  v.  Bird  et  al,  8  C.  L.  O.,  176. 

332.  What,  is  a  compliance  with  the  requirements  of  the  homestead 

laws. 
Sec'y.  June  23,  1882.    Edwards  v.  Sexson,  9  C.  L.  O.,  72. 

333.  Credit  given  i>arty  for,  where  transmuting  a  timber-cidture 

entry  to  a  homestead  on  same  tract ;  peculiar  facts. 
Com'r.  (C.)     June  7,  1882.    Torjus  II.  Flom,  9  C.  L.  O.,  79. 

334.  On  an  original  farm  is  not  residence  on  an  adjoining  tract  i>rior 

to  entrv  thereof. 
Com'r.  (C.) "  July  15, 1882.    W^liam  C.  Field,  9  C.  L.  O.,  115. 

335.  Credit  for,  on  a  tract  during  the  time  it  was  covered  by  another 

homestead  entry  cannot  be  allowed. 
Com'r.  (C.)     Sept.  16,  1882.     John  Johnson,  9  C.  L.  O.,  132. 

336.  What  considered  as,  in  case  of  additional  homestead  entry  j 

comjiact  body. 
Com'r.  (C.)     June  21,  1882.     Eben  M.  Gordon,  9  C.  L.  O.,  148. 

Mestoration  to  marlet: 

337.  Proceedings  regarding  the,  of  certain  tract  of  land. 

Com'r.  (C.)    April  4, 1881,  William  Butt,  8  C.  L.  O.,  7;  and  July 
11,  1881,  John  Boswell,  8  C.  L.  O.,  78. 

338.  Prior  to,  parties  cannot,  under  the  act  of  May  14,  1880,  be 

allowed  credit  for  settlement  on  land  withdrawn  for  rail- 
road i)ur  looses. 
Com'r.  (C.)     Aug.  10, 1881,  to  E.  &  R.,  WaUa  W'alla,  Wash.  T'y., 
8  C.  L.  O.,  92. 


DIGEST    OP    DECISIONS.  115 

Review  : 

339.  Of  several  decisions  touching  the  application  of  decisions  in 

the  cases  of  Atherton  v.  Fowler  and  Hosmer  v.  Wallace,  to 
public-land  cases.    Nickols  v.  Burbauk  et  al. 
Com'r.  March  33,  1881,  to  R.  &  R.,  Eureka,  Nov.,  8  C.  L.  O.,  57. 

340.  Of  a  decision  by  the  Secretary,  in  the  absence  of  new  evidence, 

will  not  be  granted,  when. 
Sec'y.  April  12, 1882.    Case  Charles  A.  Richards,  9  C.  L.  O.,  50. 

Rules  of  Practice : 

341.  In  land  cases,  approved  by  the  Secretary,  are  intended  for  the 

guidance  of  persons  interested,  and  must  be  observed. 
Sec'y.  Jan.  13,  1881.     Gulseth  v.  Samson,  7  C.  L.  O.,  163. 

342.  Application  of  Rule  No.  70  of,  regarding  review  of  Secretary's 

decision. 
See'y.  April  12,  1882.     Charles  A.  Richards,  9  C.  L.  O.,  50. 

343.  Rule  44  of,  indefinite ;  in  what  cases  additional  time  allowed 

lor  ai)peal. 
Com'r.  (C.)     Julv  J ,  1882.    Markers  v.  Canady,  and  other  cases, 
9  C.  L.  O.,  70. 


Sailors . 


Sales . 


See  Public  lands,  (practice,)  No.  283,  et  seq. 

See  I'ublic  lands,  (soldiers'  entries,  &c.,)  No.  351,  et  seq. 


344.  No  law  of  the  Territory  can  authorize  sale  of  the  public  lands; 

such  a  sale  would  be  void. 
People  ^7., Owyhee  M'g  Co.,  1  Idaho  R.,  409. 

Saline  lands: 

345.  The  character  of  land  is  a  question  of  fact  to  be  determined  by 

investigation. 
Sec'y.  July  12,  1882.    Henry  C.  Horton  et  aL,  9  C.  L.  C,  121. 

Scrip : 

See  Public  lands,  (Indian  scrip,)  No.  237,  et  seq. 

Second  contest: 

See  Public  lands,  (contest,)  Nos.  102,  105. 

Secretary  of  the  Interior  : 

See  Land  Department,  No.  1,  et  seq. 

Settlement : 

340.  Under  act  of  May  14,  1880,  parties  cannot  be  allowed  credit 
for,  on  land  withdrawn  for  railroad  purposes  prior  to  the 
restoration  thereof  to  market. 
Com'r.  (C.)    August  10,  1881,  to  R.  &  R.,  Walla  Walla,  Wash. 
Ter.,  8.  C.  L.  O.,  92. 

347.  When  commutation  is  permitted  by  a  homestead  party  who  has 
failed  in. 
Com'r.  (C.)     Dec.  31,  1881.     John  J.  McKay,  8  C.  L.  O.,  17G. 


IIG  DIGEST    OF    DECISIONS. 

Settlement — rontinued. 

348.  Stock-raisinj;-  and  dairy  i)r()dii('ti()ii,  and  nse  of  the  land  in 

j;ra/.in<;'  distiii'ls  for  that   j)ur|)ose,  is  satisfactory  compli- 
anco,  as  to  settlement,  \vith  the  requirements  of  the  home- 
stead law. 
Sec'y.  to  Att'y.  Gen'l.,  Oct.  13,  1880,  7  C.  L.  O.,  135. 

Seo  ritlUc  lands,  (residence,)  No.  330,  et  seq. 
Settler: 

349.  A,  aiipropriatinjx  land  occupied  by  a  i)arty  who  has  not  com- 

plied with  the  law  is  not  considered  a  trespasser. 
Com'r.  (C.)     June  20,  1882.     Hoist  v.  Plielps,  9  O.  L.  O.,  75. 

Settlers  : 

I^otice  to. 

See  Pithlic  lands,  (Miami  Indian  Reservation,)  No.  251. 

Sioux  and  Winnebago  Indian  Eeservations : 

350.  Held  to  be  permanent,  within  the  meaning  of  the  act  of  March 

3,  1857. 
Sec'y.  Oct.  20,  1882,  2  Eep'r,  155. 

Soldiers^  entries,  declaratory  statements,  &c.: 

351.  Additional  homestead  entries ;  residence  reqnired,  &c. 
Com'r.  (C.)     Aug.  22,  1881,  to  K's.  and  K's.,  8  C.  L.  O.,  88. 

352.  Proof  required  in  case  of  homestead  entry  of  qualified  soldier 

who  has  deceased  since  making  entry. 
Com'r.  (C.)     Feb.  28, 1882.    Owen  Colton,  8  C.  L.  O.,  192. 

353.  Eights  of  a  soldier  making  an  additional  entry ;  date  of  filing. 
Com'r.  (C.)     Feb.  16,  1882.     Henry  Booth,  9  C.  L.  O.,  50. 

354.  Requirements  of  soldier  in  making  a  homestead  entry  ;  where 

declaratory  statement  is  filed.  Must  make  a  legal  entry  of 
the  land  within  sis  mouths,  must  remove  to  the  tract  so 
entered  and  reside  upon  and  cultivate  it,  as  prescribed  by 
law,  before  he  can  acquire  title  to  the  land. 

Filings  or  entries  made  by,  when  they  do  not  settle  upon  the 
land  and  have  no  intention  of  doing  so,  are  false  and  fraud- 
ulent ;  cannot  sell  what  they  do  not  possess. 

Com'r.  (0.)     Nov.  22, 1882,  to  Geo.  H.  Gardner,  2  Eep'r,  158. 

Statutes :  • 

355.  How  they  should  be  interpreted ;  fees  in  excess  homestead 

cases. 
Act'g  Sec'y.  Aug.  8,  1881.    Alcide  Guidney,  8  C.  L.  O.,  157. 

Survey  : 

356.  Lands  having  been  disposed  of  regularly  under,  this  office  has 

no  authority  under  the  law  to  enter  upon  and  resurvey  or 
direct  a  resurvey. 
Com'r.  (C.)     Jan.  9, 1882.    W.  W.  Dewhurst,  8  C.  L.  O.,  178. 

Sw.t: 

357.  A  defendant  in  ejectment  brought  by  A,  a  Government  pur- 

chaser, in  return  brought  suit  in  equity,  alleging  that  B, 
under  whom  he  claimed,  had  entered  the  land  at  the  proper 
office  long  before  the  conveyance  to  A ;  but  failing  to  pro- 
duce either  the  register's  certificate  of  purchase  or  the  re- 
ceiver's receipt  for  the  purchase  money,  bill  dismissed. 
Simmons  v.  Ogle,  105  S.  C,  271. 


DIGEST    OF    DECISIONS.  117 

Taxation  : 

358.  Improvements  upon  public  lands,  as  also  the  possessory  right 

thereto,  are  taxable. 
Quivey  v.  Lawrence,  1  Idaho  E.,  313. 

Threats  : 

359.  Where  claimant  leaves  his  land  on  account  of,  or  fear  of  vio- 

lence, a  few  days  of  non-residence  should  not  be  construed 
as  evidence  of  want  of  good  faith. 
Com'r.  (C.)     Jan.  13,  1882.    Nichols t?.  Birdetal,  8  C.  L.  0.,176. 

Timber  : 

See  Puhlic  lands,  (homestead clairuauts,)  No.  200 ;  (timber  culture,)  No.  372. 
Timber  culture  : 

360.  The  entire  area,  required  by  law,  can  be  planted  at  once,  pro- 

vided the  ground  has  been  prepared  properly,  five  acres*  of 
trees  having  been  destroyed  during  the  ])receding  year. 
Com'r.  (C.)     Jan.  31,  1881,  to  Jorgen  Raon,  7  0.  L.  O.,  181. 

361.  Claimant  complies  with  the  law  who  replows  or  harrows  the 

land  broken  the  previous  year.     Two  years' preparation  of 
the  soil  is  a  legal  requirement,  but  j)utting  it  to  crop  is  not 
necessarily  required. 
Act'g  Com'r.  (C.)     June  4,  1881.     Ehodes  v.  Avery,  8  C.  L.  O., 
76. 

362.  Breaking  and  planting  can  be  done  by  an  agent,  but  claimant 

is  held  responsible  in  case  of  failures. 
Com'r.  (C.)     Aug.  3,  1881.     James  Cassidy,  8  C.  L.  O.,  92. 

363.  Acts  of  1874  and  1878;  non-compliance  with  requirements  of 
Com'r.  (C.)     Aug.  24,  1881.   Chapman  v.  I.  Z.  Yf  eck,  8  C.  L.  O. 

160. 

364.  Where  claimant  believed  he  had  broken  ten  acres,  but  which 

lacked  a  fraction  of  an  acre   thereof,  entry  not  disturbed. 
Com'r.  (C.)     Kov.  22,  1881.    Eichardson  v.  Knight,  8  C.  L.  O., 
180. 

365.  When  the  mulching  of  trees  will  bo  allowed. 

Com'r.  (C.)     Feb.  17, 1882,  to  Enoch  X.  Poor,  8C.  L.  O.,  195. 

366.  Failure  to  do  the  prescribed  planting  during  the  third  year  is 

a  forfeiture  of  the  entry. 
Com'r.  (C.)     Mar.  20,  1882.    Mendelbaum  v.  Turner,  9  C.  L.  O., 
27. 

367.  Eexdanting— in  case  of  destruction  of  trees  by  severe  drought 

or  other  causes — must  be  done  the  next  succeeding  year. 
Com'r.  (C.)     Jan.  9,  1832.     C.  W.  Cook.  9  C.  L.  O.,  28. 

368.  Purchaser — work  done  by  vendor  or  agent  inures  to  the  ben- 

efit of  the  entrvman,  he  being  a  purchaser. 
Sec'y.  April  1,  1882.     Gahan  v.  Garrett,  9  C.  L.  O.,  63. 

369.  Substantial  compliance — what  is. 

Com'r.  (C.)     April  6,  1882.    Kennedy  v.  Olson,  9  C.  L.  O.,  64. 

370.  Entry  made  upon  a  section  having  upon  it  natural  timber  may 

be  defeated  by  testimony  showing  that  fact;  though  the 
entryman  had  made  the  usual  affidavit  that  it  was  devoid 
thereof.     The  fact  that  a  previous  T.  C.  entry  on  the  sec- 
tion had  existed,  does  not  afCcct  the  (lueslion. 
Act'g  Com'r.  Oct.  19,  1880.    Schilter  v.  Oil",  7  C.  L.  ().,  137. 


lis  DIGEST    OF    DECISIONS. 

Timber  culture — Continued. 

371.  Seiitteriiig  tioes  alonj;  tho  niarsxin  of  a  stream,  less  than  50  in 

number,  do  not  prevent  the  traet  being  regarded  as  "  nat- 
urally devoid  of  timber." 
Com'r.  Jan.  17,  1881.    F.  M.  Phillips,  7  C.  L.  O.,  166. 

372.  ''Timber  trees,"  kinds  of,  designated  as  being  within  the 

meaning  of  the  law. 
Com'r.     Jan.  17,  1881,  7  C.  L.  O.,  16G. 

373.  In  case  of  simultaneous  applications  to  make  the  entry,  the 

Register  has  no  discretion,  and  cannot  discriminate  be- 
tween them ;  though  where  but  one  of  them  came  to  his 
knowledge,  the  party  who  succeeded,  without  fraud,  in  first 
gainiug  his  attention  and  securing  action  should  be  held 
prior  as  to  time  of  entry. 
Act'g  Sec'y.  Oct.  4, 1880.    Jayue  v.  Gowdy,  7  C.  L.  O.,  137. 

Timber-culture  entry  man : 

374.  Merely  offering  to  sell  his  interest  is  not  deemed  sufficient 

ground  on  which  to  base  a  contest. 
Com'r.  (C.)    Aug.  12,  1881.    J.  W.  Farmer,  8  C.  L.  O.,  93. 

376.  In  case  of  death  of,  relinquishment,  how  made. 

Com'r.  (C.)     Aug.  6,  1881.     Charles  King,  8  C.  L.  O.,  93. 

376.  Under  the  will  of  a  deceased,  the  widow  in  this  case  could 

properlv  file  a  relinquishment  of  the  entrv. 
Com'r.  (C.)  ^  July  22,  1881.     David  Patton,  8  C.  L.  O.,  107. 

377.  A,  duly  qualified,  may  relinquish  entry  of  80  acres,  and  there- 

after enter  tract  under  act  of  Mar-ch  3,  1879,  as  an  addi- 
tional to  his  original  homestead  entry. 
Com'r.  (C.)     Nov.  7,  1881.     N.  C.  Latimer,  8  C.  L.  O.,  122. 

378.  Cannot  be  allowed  to  relinquish  an  entry  for  the  purpose  of 

making  a  second  entry  elsewhere. 
Com'r.  (C.)     Nov.  5,  1881.     W.  A.  Lewis,  8  C.  L.  O.,  122. 

379.  In  view  of  act  May  14,  1880,  the  application  and  affidavit  of 

a,  to  make  entry,  can  be  accepted,  although  bearing  date 
prior  to  the  date  when  cancellation  of  another  entry  cov- 
ering the  same  tract  is  made  at  local  office;  when  such  pa- 
pers must  be  received. 
Com'r.  (C.)    Aug.  23, 1881.   David  L.  Merryman,  8  C.  L.  O.,  141. 

380.  Where  a  single  woman,  a,  after  making  and  forwarding  the 

required  affidavit  and  application  to  make  entry,  marries 
before  the  entry  is  completed  at  the  local  land  office,  such 
entry  will  be  legal  if  the  law  be  fully  complied  with  in 
other  respects. 
Com'r.  (C.)    Feb.  18,  1882.   Effie  J.  Thomas,  8  C.  L.  O.,  194. 

381.  Failing  to  do  the  prescribed  planting  during  the  third  year 

forfeits  the  entrv. 
Com'r.  (C.)     March  20,  1882.     Mendelbaum  v.  Turner,  9  C.  L. 
O.,  27. 

382.  Must  replant  during  the  next  succeeding  year  where  planting 

of  trees  has  been  destroyed  by  severe  drought  or  other 
causes. 
Com'r.  (C.)     Jan.  9,  1882.     C.  W.  Cook,  9  C.  L.  O.,  28. 


DIGEST    OF    DECISIONS.  119 

Timber- cult  lire  eutryman — Com  iimeil. 

383.  Widow  of  a,  or  the  administrator,  cau  alone  relinquish  entry 

when  shown  to  be  the  sole  heir.     How  beirs  of  a  timber- 
culture  claimant  may  relinquish  entry. 
Com'r.  (C.)     Mar.  21,  1882.     George  Taylor,  9  C.  L.  O.,  37. 

384.  Work  done  by  vendor  or  agent  inures  to  the  benefit  of  a,  as 

though  persouall3'  j^erformed  by  the  timbef-culture  claim- 
ant. 
Sec'y.  April  1,  1882.     Gahan  v.  Garrett,  9  C.  L.  O.,  63. 

Timher- culture  entries : 

385.  One  may  be  made  of  tract  wheron  a  few  scattering  trees  are 

growing  near  a  stream. 
Com'r.  (C.)     Jan.  17,  1881,  to  F.  M.  Phillips,  7  C.  L.  O.,  166. 

386.  Proceedings  where  simultaneous  applications  are  made  to  con- 

test entry. 
Sec'y.  Feb.  18,  1880.    Theodore  Kimm,  7  C.  L.  O.,  181. 

387.  The  entire  area  required  by  law  may  be  planted  at  once;  when, 

and  under  what  circumstances. 
Com'r.  (C.)     Jan.  31,  1881,  to  Jorgen  Eaon,  7  C.  L.  O.,  181. 

388.  Two  years' prepai  ation  of  the  soil  is  a  legal  requirement,  re- 

idowing  or  harrowing  the  ground  the  second  year  is  a 
comphance  with  the  law;  putting  the  land  to  croj)  is  not 
necessarily  required. 
Act'g  Com'r.  (C.)     June  4,  1881.     Ehodes  v.  Avery,  8  C.  L.  O., 
76. 

389.  Breaking  and  planting  can  be  done  by  an  agent;  claimant 

held  responsible  in  case  of  failure. 
Com'r.  (C.)   'Aug.  3,  1881.    James  Cassidy,  8  C.  L.  O.,  92. 

390.  The  mere  offering  to  sell  is  not  sufficient  ground  upon  which 

to  base  a  contest  against  entry. 
Com'r.  (C.)     Aug.  12,  1881.    J.  W.  Farmer,  8  C.  L.  O.,  93. 

391.  Eelinquishment  of,  how  made,  in  case  of  death  of  claimant. 
Com'r.  (C.)     Aug.  6,  1881.     Charles  King,  8  C.  L.  O.,  93. 

392.  A  qualified  party  may  relinquish  one,  of  80  acres,  and  there- 

after enter  same,  iinder  act  of  March  3,  1879,  as  an  addi- 
.  tional  to  his  original  homestead  entry. 
Com'r.  (C.)    Nov.  7,  1881.     W.  C.  Latimer,  8  C.  L.  O.,  122. 

393.  A  party  cannot  relinquish  one  fdr  the  purpose  of  making 

another  elsewhere. 
Com'r.  (C.)     Nov.  5, 1881.     W.  A.  Lewis,  8  C.  L.  O.,  122. 

394.  In  lieu  of  act,  May  14,  1880,  application  and  affidavit  to  make 

entry  can  be  accepted,  although  bearing  date  i)rior  to  date 
when  cancellation  of  another  entry,  covering  same  tract, 
is  made  at  local  office.  Such  pai)ers  must,  however,  be 
received  at  local  ollice  within  reasonable  tune. 
Com'r.  (C.)  Aug.  23,  1881.  David  D.  Merryman,  8  C.  L.  O., 
141. 

S95.  In  case  of  a  contested,  the  contestant's  entry  takes  date  from 
time  it  is  fully  effected  and  not  fromdateof  initiation  of  con- 
test. 
Com'r.  [Vu)     Sept.  15,  1881.  Thomas  A.  Cheshire,  8  C.  L.  0.,195. 


120  DIGEST    OF    DECISIONS. 

Timbtrciiliioc  cntri(S — Continued. 

o'.M).    Circular  ot'inst  ructions  roiiardin.utho  niaking  of  final  proof  on. 

C\>iM*r.  (0.)     Fob.  1,  1SS2,  "to  local  otliocrs,  S  (J.  L.  O.,  li)5. 
o07.    Wlicri'  claimant  fails  to  do  tlio  j)rcscril)c(l  planting  during  tlio 
third  year,  the  entry  is  forfeited. 
Com'r.  (C.)     March  20, 1882.     Meudelbauni  v.  Turner,  9  C.  L. 
O.,  27. 

398.  Where  planting  of  trees  destroyed  by  drought  or  other  causes, 

the  rei)lantinG:  must  be  done  the  next  succeeding  year. 
Com'r.  (C.)     Jan.^9,  1882.     C.  W.  Cook,  9  C.  L.  O.,  28."^ 

399.  One  contested  aud  canceled,  contestant  has  thirty  days  to  en- 

ter land,  »S:c. 
Sec'y.  March  13,  1882.    Wm.  Ehmen,  9  C.  L.  O.,  30,  37. 

400.  One,  of  deceased  son,  can  be  comi)leted  by  father  as  heir. 
Com'r.  (C.)     Jan.  6,  1882.     Cowan  v.  Woodside,  9  C.  L.  O.,  37. 

401.  Of  deceased  claimants,  can  be  relinquished  only  by  the  heirs 

or  legal  representatiyes.      Widow  or  administrator  can 
alone  relinquish  when  shown  to  be  the  sole  heir.     How 
heirs  may  relinquish,  «&;c. 
Com'r.  (C.)     Mar.  21,  1882.     George  Taylor,  9  C.  L.  O.,  37. 

402.  ^S^ork  on,  can  be  done  by  the  entryman,  his  agent  or  the  vendor. 

One  purchasing  land  which  has  been  in  whole  or  in  part 
broken,  planted,  or  cultiyated  by  another,  the  law  is  as 
fully  complied  with  as  if  he,  the  purchaser,  had  personally 
performed  the  work. 
Sec'y.  April  1,  1882.     Gahan  v.  Garrett,  9  C.  L.  O.,  63. 

403.  Affidavit  and  application  to  make,  cannot  be  made  by  agents 

or  attorneys  in  behalf  of  principals. 
Com'r.  (C.)     May  31,  1882.     John  E.  Cannon,  9  C.  L.  O.,  64. 

404.  Where  one,  transmuted  to  homestead  for  same  tract,  credit 

given  for  residence,  &c. 
Com'r.  (C.)     June  7,  1882.     Torjus  H.  Flom,  9  C.  L.  O.,  79. 

405.  Preference  right  of  contestant  holds  good,  notwithstanding 

entry  alleged  to  have  been  illegal  at  inception. 
Sec'y.  Aug.  1,  1882.    Haskins  v.  Nichols,  9  C.  L.  O.,  118. 

406.  Contests  against,  are  restricted  to  parties  who  seek  to  make 

entries  of  the  lands.     Contestant  must  file  application  to 

make  entry  when  initiating  contest,  otherwise  contest  void. 

Act'g  Sec'y.  Nov.  14,  1882.    Bundy  v.  Livingston,  2  Eep'r,  154. 

407.  One,  cannot  be  relinquished  by  an  administrator,  unless. 
Act'g  Sec'y.  Nov.  9,  1882.     Sally  Hickok,  2  Eep'r,  154. 

408.  Case  of  unlawful  demands  regarding  fees. 

Sec'y.  Dec.  4,  1880.     H.  O.  Hodges,  7  C.  L.  O.,  150. 

Timber  culture  laws : 

409.  Substantial  compliance  with — what  is. 

Com'r.  (C.)     April  6,  1882.     Kennedy  v.  Olson,  9  C.  L.  O.,  64. 


DIGEST    OF    DECISIONS.  121 

Timber-culture  ?au-s— Continued. 

410.  Act  of  Jane  14,  1878,  does  not  limit  right  of  contest  to  one 

person  or  to  one  contest;  neither  does  it  forbid  a  second 
contest  when  the  first  has  not  been  sustained.     (On  appeal 
to  Secretary.) 
Com'r.  (C.)    Mar.  3,  1882.     Case  Schneider  v.  Bradley,  9  C.  L. 
O.,  64. 

411.  iS^o  distinction  between  requirements  of  the,  and  the  preemp- 

tion  laws — what  each  requires. 
Sec'y.  July  24,  1882.     Galloway  v.  Winston,  9  C.  L.  O.,  98. 

Timber  lands : 

412.  Affidavit  under  act  of  June  3,  1878,  does  not  withdraw  the 

land  from  entry.  A  party  procuring  relinquishment  of 
aflidavit  regarding  timber  lands  acquires  no  preference 
right.  A  homestead  entry  thereof  may  be  allowed,  subject 
to  prior  rights.  No  entry  of,  can  be  allowed  alter  proof 
made  in  the  prescribed  manner,  that  land  is  valuable  only 
for  timber  or  stone. 
Com'r.  (C.)    June  30,  1882.     Martin  v.  Pugh,  9  C.  L.  O.,  79. 

Timber  trees : 

413.  Include  every  kind  valuable  for  timber  or  for  domestic  pur- 

poses. 
Com'r.  (C.)     Feb.  3,  1882,  to  Hon.  M.  C.  George,  8  C.  L.  O., 
180. 

Unsurveyed  lands  : 

414.  Homestead  settlers  on,  not  obliged  to  file  or  make  entries  until 

all  the  tracts  embraced  in  their  claims  have  been  surveyed, 
and  plats  thereof  returned  to  the  local  office,  which  shall 
enable  them  to  describe  the  tract  claimed  by  proper  legal 
subdivisions. 
Com'r.  (C.)  Feb.  9,  1881,  to  E.  &  R.,  Los  Angeles,  Cal.,  8  C. 
L.  O.,  7. 

Ute  Indian  Reservation : 

415.  In  Colorado,  when  restored  fo  market,  lands  in  will  be  sold  for 

cash  only. 
Com'r.  (C.)     Oct.  26,  1881.    Isaac  Mears,  8  C.  L.  O.,  123. 

Variance : 

416.  Between  affidavit  of  contest  and  notice  thereof,  when  too  late 

for  defendant  to  take  advantage. 
Com'r.  (C.)    Aug.  31,  1881.    Gould  v.  Weisbecker,  9  C.  L.  O., 
151. 

Vested  adverse  rights : 

See  Public  lands,  (homestead  laws,)  No.  232. 

Violence  : 

When  claimant  leaves  his  land  on  account  of  threats  or  fear  of  vio- 
lence, a  few  days  of  residence  wanting  should  not  bo  con- 
strued as  evidence  of  want  of  good  faith. 
Com'r.  (C.)     Jan.  13,  1882.     Nickols  v.  Bird  et  al,  8  C.  L.  O., 
170. 

See  Public  lands,  (f()rcil)l()  intrusion,)  No.  183. 


122  DIGEST   OP   DECISIONS. 

Wnrranti/  ileid  : 

Si'o  riiblic  laudu,  ((•liniili  si  to,)  No.  r)9. 

417.  Of  (loccascd  settler  may  sell  her  right  under  act  of  June  15, 

1880. 
Actv  Conrr.  (C.)     June  3, 1881.     David  F.  Uerrington,  8  C.  L. 
O.,  50. 

418.  Under  the  will  of  her  deceased  husband  she  may  properly  file 

a  relinquishment  of  a  timber-culture  entry. 
Com'r.  (C.)     July  22,  1881.    David  Patton,  8  C.  L.  O.,107. 

419.  In  case  of  the  orij;inal  homestead  entry  of  a,  when  the  five 

years'  time  required  dates  from. 
Com'r.  (0.)     Dec.  0, 1881.    Margaret  Walker,  8  0.  L.  O.,  175. 

420.  The  act  of  Marcb  3, 1879,  includes  all  persons  who  in  any  man- 

ner, by  original  entry  or  by  operation  of  law,  have  suc- 
ceeded to  the  right  to  make  final  i)rool'. 
Sec'y-  Dec.  19,  1881.    Annie  Anderson,  8  C.  L.  O.,  177. 

421.  When  sole  heir  of  a  deceased  timber-culture  claimant  can  re- 

liuquisli  entry. 
Com'r.  (C.)     Mar."21, 1882.    Geo.  Taylor,  9  C.  L.  O.,  37. 

422.  Allowed,  under  act  June  15, 1880,  to  purchase,  although  home- 

stead entry  Illegal  at  inception  on  account  of  alienage  of 
claimant. 
Com'r.  (C.)     May  23,  1882.    William  H.  White,  9  C.  L.  O.,  57. 

Wife  : 

See  Public  lands,  (deserted  wife,)Nos.  143,  144. 

Will  : 

423.  A  homestead  party  cannot  by,  defeat  the  provisions  of  the  law 

regarding  the  rights  of  minor  children. 
Com'r.  (C.)     Jan.  13,  1882,  to  Hon.  W.  D.  Washburue.    Sarah 
Leonaido,  9  C.  L.  O.,  6. 

Woman : 

424.  A  single,  after  making  and  forwarding  the  required  afiidavit 

and  application  to  make  a  timber-culture  entry,  marrying 
before  the  entry  is  completed  at  local  office,  held,  such  entry 
will  be  legal,  jyrovided,  the  law  can  be  fully  complied  with 
in  other  respects. 
Com'r.  (C.)     Feb.  18, 1882.    Efifie  J.  Thomas,  8  C.  L.  O.,  194. 

PUBLIC  OFFICE  PS. 
See  Agent. 

Pre-emption,  (misconduct,)  No.  78  ;  (proof  and  payment,)  No.  114. 

PUEBLO  INDIAN'S. 

See  Indians. 

Private  land  claims,  Nos.  101,  102. 

PURCRASE. 

See  Public  lands,  Nos.  298,  et  seq.  ;  (constraction,)  Nos.  85,  89,  90,  91,  94, 
98.  99,  100,  101;  (contest,)  No.  lOG ;  (contested  cases,)  No.  114; 
(entry,)  Nos.  149,  1.50,  l.'.l. 


DIGEST    OF    DECISIONS.  123 

PUBCHASE  MONEY. 

See  Puilie  lands,  (purchase,)  No.  298. 
PVPCHASER. 

See  Mines,  <^c.,  (resulting  trust,)  No.  211.  ^ 

Pre-emption,  No.  120. 
Public  lands,  Nos.  301, 302,  303. 

Private  land  claims,  (estoppel,)  No.  27;  (selection,)  No.  112. 
Timber  depredations,  No.  18;  (damage,)  No.  5. 

Q  UALIFICA  TIONS. 
See  Pre-emption,  Nos.  121,  122;  (Osage  tr.  and  dim.  reserve  lands, )  No.  "JS. 

BAILBOAD  GBAXTS. 

See  Grants,  No.  2. 

Railroads,  (forfeiture,)  No.  15;  (dower,)  No.  20;  {right  of  way,)  No. 

53,  et  seq.\  (settler,)  Nos.  62,  63;  (wife,)  No.  74. 
Private  land  claims,  (Oregon  donations,)  No.  66. 
Public  lands,  (entry,)  No.  161. 

RAILROADS.— DIVISION  F. 
Abandonment : 

1.  Of  land  by  homesteader,  but  bis  entry  not  canceled ;  the  tract 

was  not  public  land  which  the  railway  company  could  claim 
upon  filing  map  of  definite  location,  and  subsequent  pre- 
emption entry  sustained. 
Sec'y.  Feb.  24,  1881.    Jones  v.  D.  P.  Ey.  Co.,  7  C.  L.  O.,  181. 

Accretions : 

2.  Land  covered  by  the  waters  of  a  lake,  (which  have  since  receded,) 

at  the  date  of  definite  location  and  of  the  withdrawal,  does 
not  inure  to  the  railroad  under  its  grant. 
Com'r.  (F.)     Mar.  12,  1881.     Dodge  v.  :S.  La.  and  Tex.  E.  E.  Co. 

ALABAMA  AND  CHATTANOOGA  BAILBOAD  CO. 
See  Bailroads,  (construction,)  No.  5a;  (jurisdiction,)  No.  20a. 

Arkansas : 

2a.  By  the  act  of  June  21, 1870,  providing  that  all  the  public  lands 
in  Arkansas  should  be  dis])osed  of  under  the  homestead 
laws  only,  (which  remained  in  force  until  its  repeal,  July  4, 
187G,)  all  pre-emption  settlements  in  Arkansas  on  June  21, 
187C,  were  abrogated  and  made  of  no  eft'ect. 
Sec'y.  June  23,  1882.     L,  E.  &  Ft.  S.  E.  E.  Co. 

ATCHISON,  TOPEKA  AND  KANSAS  BAILBOAD  CO, 

See  Bailroads,  (Kansas,)  No.  21. 

ATLANTIC,  GULF  AND  WEST  INDIA  TBANSIT  COMPANY. 

See  Bailroads,  (settler,)  No.  GG. 

ATLANTIC  AND  PACIFIC  RAILROAD  COMPANY. 

See  Bailroads,  (construction,)  No.  4;  (forfeiture,)  No.  14;  (Mexican  grants,) 
No.  29;  (settler,)  No.  G3. 


124  DIGEST    OF    DECISIONS. 

Burlington  and  Missouri  Jxivrr  Railroad  Comjmny : 

3.  Grant  to,  by  act  of  -Inly  2,  1804,  was  in  presenti,  and  thon^h  not 

spoi'ityinu-  the  lateral  limits,  iinpliod  that  tlio  lands  should 
consist  of  tlK)sc  nearest  the  road  upon  which  tho  grant 
could  consistently  take  eflect. 
Wood  V.  R.  K.  Co ,  104  S.  C,  329. 

See  lioilroads,  (right  of  way,)  No.  56. 

CALIFORNIA  AND  OREGON  RAILROAD  COMPANY. 

See  Railroads,  (homestead  entry,)  No.  19a;  (offered  lands,)  No,  36;  (Ore- 
gon donations,)  No.  33;  (selection,)  No.  GOa. 

CEDAR  RAPIDS  AND  MISSOURI  RIVER  RAILROAD  COMPANY. 
See  Railroads,  (entry,)  Nos.  8, 9. 

CENTRAL  PACIFIC  RAILROAD  COMPANY. 

See  Mines,  (timber,)  No.  234. 

Railroads,  (lien  lands,)  No.  24;  (pre-emption  claim,)  Nos.  42, 43;  (pre- 
emption claimant,)  Nos.  44,45;  (pre-emptor,)  No,  47;  (right  of 
way,)  No.  55;  (settler,)  No.  65, 

Construction  : 

4.  Lauds  granted  to  State  of  Mississippi,  for  the  P.  and  S.  W.  R. 

11.  Co.,  by  act  of  June  10,  1852,  held  not  to  inure  to  tho  A. 
and  P.  K.  R.  Co.  by  its  grant  of  July  27,  1806,  the  same 
being  excepted  by  the  third  section  of  the  last-named  act 
from  the  quantity  granted  to  the  latter,  as  far  as  the  two 
roads  are  upon  tlie  same  general  line. 
Com'r.  (F.)     March  25,  1882. 

5.  The  language,  "subject  to  the  expiration  of  such  grant,"  in  the 

act  of  April  21,  1876,  had  reference  to  the  dates  named  in 
the  several  granting  acts  to  railroads  as  those  at  which 
the  roads  should  be  completed,  and  not  to  those  at  which 
a  legislative  or  judicial  forfeiture  might  be  declared. 
Sec'y.  Oct.  20,  1882,  Wenzel  v.  St.  P.,  Min.  and  Man.  R'y  Co., 
2  Rep.,  145;  and  Nov.  6,  1882,  Dean  v.  same. 

5  a.  The  act  of  June  3,  1856,  does  not  authorize  the  State  of  Ala- 
bama to  build  a  road  through  any  portions  of  Georgia  and 
Tennessee.  The  Wills  Valley  (now  A.  &  C.)  Railroad,  hav- 
ing crossed  the  Alabama  line  into  Georgia,  became,  to  all 
intents,  a  Georgia  railroad,  and  has  no  claim,  under  the  act, 
to  any  lands  lying  in  Alabama,  in  consideration  of  the  six 
miles  on  the  side  of  its  road  constructed  in  Georgia. 
Com'r.  (F.)     Dec.  19, 1881,  to  R.  &  R.,  Huutsville,  Ala. 

Coosa  and  Chattooga  River  Railroad  Company  : 

See  Railroads,  (jurisdiction,)  No.  20a. 

Dalles  Military  Wagon  Road  Company  : 

See  Railroads,  (declaratory  statement,)  No.  6a. 


DIGEST    OF    DECISIONS.  125 

Declaratory  statement : 

6.  A  pre-emptor  of  part  of  an  even-numbered  section  withdrawn 
from  private  entry  and  within  grant  to  railroad  company 
under  act  of  July  14, 1870,  was  entitled  to  18  months  from 
the  filing  of  declaratory  statement  to  make  payment  and 
proof. 
Morrison  v.  Stalnaker,  104  JJ.  C,  213. 

6a.  Application  to  file  a  j:) re-em ption  declaratory  statement  with- 
in the  indemnity  limits  of  the  grant  should  be  allowed, 
subject  to  the  company's  right  to  select  the  tract. 
Sec'y.  -luly  11, 1882.     Overholt  v.  Dalles  Militarv  Wagon  Eoad 
Co.,  9  C.  L.  O.,  100. 

Denver  Facific  Bailivay  Company  : 

See  Eailroads,  (abandonment,)  No.  1 ;  (patents,)  No.  40. 
Entry  : 

I.  Canceled  for  conflict  with  railroad  grant,  held  as  confirmed  by, 

and  for  reinstatement  under  act  of  April  21, 1876,  notwith- 
standing the  pre-emptor  had,  on  cancellation,  applied  for 
return  of  purchase  money. 
Sec'y.  June  5,  1882.     Ward  v.  S.  M.  E'y  Ex.  Co. 

8.  Homestead  entry,  for  a  tract  within  the  limits  of  the  railroad 

withdrawal,  which  was  covered  by  a  prior  homestead  entry 
at  the  date  the  lauds  were  restored  to  market,  is  confirmed 
by  the  act  of  April  21,  1876. 
Sec'y.  May  9,  1882.     Copeland  v.  C.  E.  &  Mo.  E.  E.  E.  Co. 

9.  Homestead  entry,  for  a  tract  within  the  limits  of  the  railroad 

withdrawal,  wdicli  was  covered  at  the  date  of  the  restora- 
tion to  market  of  the  vacant  lands  within  snch  limits  by  a 
former  homestead  entry,  and  not  therefore  included  in  the 
list  of  lands  actually  restored,  held  to  be  confirmed  by  the 
act  of  April  21,  1876,  the  land  being  considered  as  in  fact 
restored  and  properly  subject  to  homestead  entry. 
Sec'y.  May  19,  1882.  Jannap  v.  C.  E.  and  Mo.  E.  E.  E.  Co. ; 
and  see  same  May  31,  1882 ;  Leggett  v.  same,  9  C.  L.  O., 
82. 

10.  Homestead  entry,  after  location  of  railroad  under  act  of  March 

3,  1803,  granting  laud  to  Kansas  in  aid  of  railroads,  on 
part  of  odd-numbered  section,  was  invalid. 
Emster  v.  Young,  24  Kan.  E.,  732. 

Filing : 

II.  Duly  made  with  the  local  officer,  whose  action  was  approved 

by  the  Gen'l.  Land  Office,  is  an  entry  "  made  by  permis- 
sion of  the  Laud  Department,"  within  the  meaning  of  the 
act  of  April  21,  1876. 
Sec'y.  Oct.  20, 1882.     Wenzel  v.  St.  P.  M.  and  M.  E'y  Co. ;  and 
same  Nov.  6,  1882;  Dean  v.  same. 
12.   Pre-emption  filing  is  prima  facie  evidence  of  a  valid  right,  and 
shifts  the  burden  of  proof  to  tlie  party  claiming  the  land 
covered  by  it  as  belonging  to  a  railroad  grant;  and  in  the 
absence  of  proof  to  rebut  the  presumption,  the  presump- 
tive claim  must  be  held  to  be  established. 
Com'r.  (F.)     Oct.  10,  1881,  Ft^b.  15,  1882.     Hazen  v.  St.  P.  and 
S.  C.  and  S.  M.  E.  E,  Co'a. 


126  DIGEST    OF    DECISIONS. 

Fj7j/j/7— Con  tinned. 

13.  Pro  oniptiDii  tiling-,  abantUnicd  by  settler  on  beinjx  inl'onned  by 

leeeiver  that  he  cannot  jjeifect  liis  entry  by  reason  of  the 
mineral  eharaeter  of  the  land,  does  not  exhaust  his  right 
to  make  a  second  lilinj;  because  he  failed  to  verify  or  refute 
the  receivei's  statement. 

Com'r.  (F.)     March  L'2,  18S1.     Hunter  v.  N.  P.  E.  E.  Co. 

Sec'y.  Jan.  20,  1882. 

Flint  and  Fere  Marquette  Railroad  Company. 

^i^p  IlaUroads,  (selection,)  No.  59. 
Forfeiture : 

14.  Althoujih  railroad  co.  has  failed  to  comply  with  terms  of  grant, 

it  is  not  comi)eteut  for  the  Dep't  to  enforce  a  forfeiture  or 
restore  the  land  granted  bv  act  of  186G. 
Sec'y.  ^^ov.  21,  1881.     McGratii  v.  A.  and  P.  E.  E.  Co. 

15.  Grant  by  act  of  July  27, 1800,  was  in  presently  and  acquired  pre- 

cision on  tiling  plat  of  location  as  required  by  statute. 
The  conditions  in  section  8  are  conditions  subsequent,  and 
grant  was  not  forfeited  by  failure  to  jierform  same.  The 
company  had  still  the  right  to  proceed  with  the  construc- 
tion, and  until,  by  authority  of  Congress,  advantage  be 
taken  of  breach  of  conditions,  the  Executive  Dep't.  must 
give  the  company  the  benefit  of  the  grant. 
16  Opinions  of  Att'ys  Gen.,  572,  7  C.  L.  O.,  166. 

16.  Eight  belongs  to  Government  to  declare  forfeiture  of  grant. 
Knevals  v.  Byde,  1  McCra.,  C.  C,  402  ;  same  v.  same,  5  Dillon, 

C.  C,  469. 

General  Land  Offiee : 

17.  The  prerogative  of  correcting  an  error  of  fact  will  be  exercised 

bv  it,  whenever  brought  to  its  attention. 
Com'r.  (F.)     Feb.  15,  1882.     McCrary  v.  S.  P.  E.  E.  Co. 

18.  The  rule  that  one  Com'r.  has  no  authority  to  review  a  decision 

of  his  predecessor  which  has  become  final,  does  not  apply 
to  a  case  where  the  decision  has  not  beeH  declared  final 
and  the  case  formallv  closed. 
Com'r.  (F.)     May  19,  1882,  to  E.  &  E.,  San  Francisco.     (On 
appeal  to  Sec'y.) 

Hastings  and  Dakota  Railroad  Company: 

See  Railroads,  (soldier,)  No.  69. 

Homestead  application: 

19.  The  rule  that  the  filing  of  a  pre-emption  declaratory  statement, 

])rior  to  the  filing  of  the  map  of  survey,  even  though  it  re- 
main in  the  local  land  office  until  after  the  plats  of  survey 
are  returned  there,  is  a  nullity,  applies  to  a  homestead  ap- 
plication filed  prior  to  tlie  [)lats  of  survey. 
Sec'y.  Jan.  15,  1881.     Portman  v.  S.  P.  E.  E.  Co. 

Momestead  entry : 

19a.  Of  record,  within  the  "granted"  limits  of  the  railroad  and  the 
"indemnity"  limits  of  the  wagon  road,  at  the  date  of  the 
withdrawal,  excepts  the  tract  covered  thereby  from  the 
operation  of  either  of  the  grants. 
Sec'y.  Nov.  12,  1881.  Baughman  v.  Oregon  Cent.  W.  E.  Co.,  8 
C.  L.  O..  161. 


DIGEST    OF    DECISIONS.  127 

loica : 

20.  Grant  to  State  of,  May  15,  185G,  to  aid  in  construction  of  rail- 

road from  Davenport  to  Council  Bluffs,  is  in  presenti,  and, 
witb  certain  exceptions  mentioned,  vestinjj;'  in  the  State 
title  to  every  odd-numbered  section  for  G  miles  in  width  on 
eacli  side  of  the  road  when  the  line  thereof  should  be  defi- 
nitelv  fixed. 
Grinnell  'v.  E.  11.  Co.,  103  S.  C,  739. 

Jurisdiction : 

20a.  It  is  for  the  State  to  determine  what  lands  or  i)roceeds  of  lands, 

within  the  overlapping  indeiyuity  limits,  the  Alabama  and 

Chattanooga  Eailroad  Company  shall  receive  under  the 

grant. 
The  Department  has  no  authority  to  direct  the  State  in  the 

matter,  the  directions  and  conditions  having  been  imposed 

upon  the  State  by  the  act  of  Congress. 
Sec'y.  July  20, 1881.     Alabama  and  Chattanooga  E.  II.  Co.,  and 

Coosa  and  Chattooga  Eiver  E.  E.  Co. 

Kansas : 

21.  Title  to  lands  granted  to  State  of,  in  aid  of  railroads,  by  act  of 

July  2G,  1866,  passed  to  railroad  Co.  on  definite  location 
of  road. 
A.  T.  &  Kan.  E.  E.  Co.  v.  Bobb.,  24  Kan.  E.,  673;  3£mil  v.  Young, 
id,  732,;  A.  T.  &  Kan.;  E.  E.  Co.  v.  Rockwood,  25  Kan. 
E.,  202. 

21a.  The  State  having  selected,  under  tlie  agricultural  college 
act  of  July  2,  1862,  certain  "double  minimum"  lands,  in 
lieu  of  twice  the  quantity  of  "  minimum"  lands,  the  same 
having  been  approved,  and  the  approval  acquiesced  in  for 
fifteen  years,  has  now  no  right  to  select  additional  lands. 

Sec'y.  May  13,  1881. 

Opinion  of  Att'y  Gen'l.,  June  17,  1881. 

Kansas  Pacific  Railway  Company  : 

See  Railroads,  (patents,)  No.  39. 
Land  : 

22.  Covered  by  tbe  waters  of  a  lake,  (at  date  of  definite  location  of 

railroad  and  of  the  withdrawal,)  which  have  since  receded, 
does  not  inure  to  the  railroad  under  its  giant. 
Com'r.  (F.)     Mar.  12,  1881,  and  Aug.  23,  1881,  to  E.  and  R., 
Natchitoches,  La. 

Leavenworihy  Lawrence  and  Galveston  Railroad  Company  : 

See  Railroads,  (Osage  Indians,)  No.  37;  (suit,)  No.   71;  (withdrawal,) 

No.  76. 

Lieu  lands : 

23.  Eight  of  railroad  to,  under  net  of  July  26,   1866,  was  only  a 

float,  and  title  did  not  attach  to  a  particular  tract  until 
selection,  in  the  manner  prescribed  in  the  act. 
Mo.,  Kan.  &  Tex.  E'y  Co.  v.  Noyes,  25  Kan.  E.,  340;   A.,  T. 
&  S.  F.  E.  E.  Co.  V.  Eockwood,  id.,  292. 


128  DIGEST    OF    DECISIONS. 

Lieu  lands — Continued. 

24.  The  f^rant  of  odd  sections,  outside  of  the  forty  miles  limit,  to 

beei)me  available  in  ease  of  delieiency,  did  not  attach  to 
any  specilic  land   until  delieiency  had   been    ascertained 
and  selection,  in  lieu  theieol',  actually  made. 
Eyau  I'.  C.  P.  K.  K.  Co.,  5  8aw.,  C.  C,  2t]o. 

Little  Ixocl-  and  Fort  Smith  Railroad  Company  : 
Si'O  laiilroads,  (Arkausas,)  No.  2a. 

Location : 

25.  The  line  of  road  desijjnated  on  plat  filed  by  company  in  the 

General  Land  Otiice,  Jan,  3,  18G7,  Mas  a  proper  location 
under  the  act  of  July  27,  18GC. 
S.  P.  E.  E.  Co.  V.  Orton,  G  Saw.,  C.  C,  157. 

26.  Equitable  title,  under  land  grant,  vested  in  railroad  company 

from  date  of  location  of  line  of  road. 
Knevals  v.  Hyde,  1  MeCra.,  C.  C,  402;  same  v.  same,  5  Dillon, 
C.  C,  469. 

27.  Filing  map  of  Saint  Joseph  and  Denver  City  Eailroad,  under 

act  of  June  23,  18GG,  granting  lands  to  Kansas  for  its 
benefit,  was  location  of  road. 
Knevals  v.  Hyde,  1  McCra.,  0.  C,  402. 

28.  On  definite  location  of  railroad,  under  act  of  July  26, 1866,  title 

to  company  to  odd-numbered  sections  within  the  10-miles 
limit  became  absolute. 
M.,  Kan.  &  Tex.  E'y  Co.  v.  Noyes,  25  Kan.  E.,  340. 

Mexican  grant: 

29.  Lands  within  the  claimed  limits  of,  before  its  final  location,  are 

in  a  state  of  reservation,  and  do  not  pass  under  a  railroad 
grant,  which,  if  they  were  public  lauds,  would  include 
them.  After  the  location  of  the  claim  the  lands  so  re- 
served, not  included  in  the  located  area,  became  subject  to 
pre-emption. 
Sec'y.  Jane  8,  1882.    A.  &  P.  E.  E.  Co.  v.  Fisher,  9  C.  L.  O.,  80. 

Minerals : 

30.  Limestone  deposits  do  not,  as  minerals,  except  the  land  from 

railroad  grants,  similar  in  terms  to  that  to  the  Southern 
Pacific  Eailroad  Company  prior  to  1872. 
Com'r.  (F.)     Aug.  5,  1880,  to  E.  &  E.,  Yisalia,  Cal.,  7  C.  L.  O.^ 
83. 

Missouri,  Kansas  and  Texas  Railway  Company  : 

See  liailroadK,  (lieu  lands.)  No.  23;  (location,)  No.  28;  (Osage  Indians,)' 
No.  36;  (patent,)  iSTo.  38;  (soldier,)  No.  70;  (withdrawal,)  No. 76. 

North  Louisiana  and  Texas  Railroad  Company : 
See  Railroads,  (accretions,)  No.  2. 

Northern  Pacifie  Railroad  Compaiiy: 

See  Railroads,  (filing,)  No.  13;  (pre-emption  claim,)  Nos.  42,  43;  (pre- 
emjjtion  claimant,)  No.  44;  (roliuquialiment,)  No.  49a;  (reeerva- 
tion,)  Nos.  50,51;  (right  of  way,)  No.  57;  (selecting,)  No.  60;, 
(settler,)  No.  04;  (settler's  right,)  No.  68;  (withdrawal,)  Nos. 
75,  79. 


DIGEST    OF    DECISIONS.  129 

Occupation: 

31.  Lands  within  the  limits  of  grant  to  Texas  and  Pacific  Eailway 

Company,  actually  occupied  at  date  of  definite  location  of 
road,  were  excepted  from  the  grant  by  the  terms  thereof. 
Com'r.  (F.)  Jan.  13,  1882,  (to  R.  &  II.,  Los  Angeles,  Cal.;)  S. 
H.  Bratton  v.  T.  &  P.  R'y  Co.;  June  22, 1882,  T.  Bratton  v. 
same;  May  19,  1882,  N.  B.  Biatton  v.  same,  and  J.  E.  Flinn 
V.  same. 

Offered  lands: 

32.  A  pre-emptor  of  a  tract  afterwards  "offered "at  public  sale, 

who  did  not  assert  and  complete  his  claim  by  proof  and 
payment  prior  to  the  offering,  is  not  disqualified,  in  the 
absence  of  a  purchaser  or  adverse  claimant,  from  claiming 
and  acquiring  the  right  of  pre-emption  to  the  tract. 
Com'r.  (F.)  July  11,  1882.  Wolford  v.  C.  &  O.  R.  R.  Co.  (Ap- 
peal pending.) 

Oregon  and  California  Railroad  Company : 

See  Bailroads,  (Oregon  douatious,)  No.  33. 

Oregon  donations : 

33.  Notification  of  record  and  uncanceled  at  date  when  railroad 

right  attaches,  except  the  land  covered  thereby  from  the 
railroad  grant.     The  relinquishment  of  such  a  claim  has  no 
effect  upon  the  status  of  the  land  until  the  cancellation  by 
the  General  Land  Office. 
Com'r.  (F.)    Dec.  10,  1880.    Coleburu  v.  O.  &  C.  R.  R.  Co. 

Oregon  Central  Wagon  Koad  Company : 

See  Bailroads,  (homestead  entry, )  No.  19a. 

Oregon  Short  Line  Railway  Company : 

See  Railroads,  (priority,)  No.  49. 

Oregon  Railway  and  Navigation  Company : 

See  liailroada,  id. 

Osage  ceded  lands : 

34.  The  prohibitions  of  the  pre-emption  law  do  not  apply  to  cases 

under  the  act  of  August  11,  1876,  and  no  restriction  as  to 
the  number  of  filings  a  claimant   may  make   is   found 
therein. 
Com'r.  (F.)    July  11,  1881,  (to  R.  &  R.,  Independence,  Kan.,) 
ex  parte  John  Terhune. 

35.  The  requirement  of  the  pre-emption  law  that  a  person  claiming 

thereunder  shall  file  an  affidavit  embodying  the  designated 
particulars,  is  not  found  in  the  act  of  August  11,  187G,  re- 
lating to  the  entry  of  Osage  ceded  lauds,  which  requires 
only  that  the  entryman  shall  be  a  bona  fide  settler. 
Sec'y-  Feb.  21,  1882.    Morley  v.  Cooper. 

Osage  Indians : 

36.  Lands  reserved  for  their  benefit  did  not  pass  under  land  grant 

to  State  in  aid  of  railroads. 
U.  S.  V.  Mo.,  Kan.  &  Tex.  R'y  Co.,  1  McCra.,  C.  C,  624. 

H.  Mis.  145,  pt.  1 9 


130  DIGEST    or    DKCISIONS. 

Osage  Indians — Contiiiuetl. 

37.  Lauds  {jrantod  to,  by  treaty  of  Juue  2,  1825,  did  not  pass  by 

grant  to  Stale  of  Kansas  in  aid  of  railroads. 
U.  S.  r.  L.  L.  &  O.  K.  K.  Co.,  I   McCra.,  C.  C,  GiO. 

Tacific  and  Southwestern  EaUroad  Company: 

Sco  liiiilroads,  (construction,)  No.  4. 

Patent  : 

38.  Entry  within  indenmity  territory  before  selection ;  land  after- 

ward selected  by  and  patented  to  railroad  company  under 
act  of  July  2G,  1860 ;   patent  was  without  authority,  and 
homestead  entry  had  preference  right. 
Mo.,  Kan.  &  Tex.  R'y  Co.  v.  Noyes,  25  Kan.  R.,  340. 

39.  To  homesteader  on  decision,  (after  contest,)  of  Com'r.  of  General 

Land  Office,  not  appealed  from,  held  paramount  to  title  to 

E.  R.  Co.,  under  its  land  grant. 
Kan.  Pac.  R'y  Co.  v.  Dunmeyer,  24  Kan.  R.,  725. 
Sec'y.  Feb.  24, 1881.     Smith  v.  Kan.  Pac.  R'y  Co. 

40.  To  issue  upon  all  claims  falling  within  provision  of  section  2  of 

act  of  April  21,  1876,  notwithstanding  patent  had  already 
issued  to  R.  R.  Co. 
Sec'y.  Feb.  24, 1881.    Jones  v.  D.  P.  R'y  Co.,  7  C.  L.  O.,  181. 

Practice : 

41.  Where  there  are  two  parties  to  the  record,  and  one,  cited  to  a 

hearing  on  motion  of  the  other,  fails  to  a])pear,  the  party 
failing  shall  thereafter  be  regarded  as  in  deftiult  and  hav- 
ing no  standing  before  the  Dep't.,  unless  within  reason- 
able time  he  satisfactorily  explain  his  default  and  obtain 
reinstatement. 
Sec'v.  Oct.  31,  1881.  Gilbert  v.  St.  J.  &  D.  C.  R.  R.  Co.,  9  C. 
L.  O.,  134. 

Preemption  claim  : 

42.  Attaching  to  a  tract  in  an  odd-numbered  section  in  the  granted 

limits  at  the  date  of  withdrawal  by  R.  R.  Co.,  (and  not 
abandoned,)  excludes  such  tract  from  the  withdrawal  and 
from  the  grant. 
Sec'y.  Dec.  17,  1881,  Trepp  v.  K  P.  R   R.  Co.,  8  C.  L.  0.,  181; 
and  June  20,  1882,  C.  P.  R.  R.  Co.  v.  Baker,  9  C.  L.  O.,  82. 

43.  Tracts  to  which  valid  pre-emption  claims  attached  when  lands 

were  withdrawn  for  R.  R.  Co.,  cannot  pass  under  the  grant, 
if  the  pre-emptors  assert  their  rights.    Id. 

Pre-em,ption  claimant  : 

44.  Failure  of,  to  file  "in  time,"  on  tract  in  odd-numbered  section, 

within  railroad  limits,  but  who  afterwards  asserts  his  claim, 
it  being  in  "  unofi'ered"  land,  is  not  defeated  except  where 
another  settler  on  the  same  tract  has  filed  and  complied  with 
the  law. 
Sec'y.  Dec.  17,  1881,  Trepp  v.  IS.  P.  R.  R.  Co.,  8  C.  L.  O.,  181 ; 
June  20,  1882,  C.  P.  R.  R.  Co.,  9  C.  L.  O.,  82. 


DIGEST    OF    DECISIONS.  131 

Pre-emption  claimant — Continued. 

45.  To  defeat  railroad  right,  must  have  been  qualified  as  a  pre- 

emptor  when  the  railroad  right  attached.     The  doctrine  of 
the  retroactive  effect  of  naturalization  is  not  applicable. 
Sec'y.  May  13,  1881.    McMurdie  v.  C.  P.  R.  R.  Co.,  8  C.  L.  O., 
36. 

Pre-emption  right  : 

46.  To  defeat  right  of  i>re-eniption  authorized  by  section  3  of  act  of 

July  1,  1862,  (railroad  and  telegraph  grant,)  the  company 
must  have  sold  or  disposed  of  the  land  within  three  years 
after  the  completion  of  its  entire  line ;  at  which  time  the 
lands  not  disposed  of  became  subject  to  settlement  as  pre- 
scribed in  said  section. 
Com'r.  (F.)  Feb.  19, 1882.  Cooper  v.  S.  C.  &  P.  R.  R.  Co.,  8  C. 
L.  O.,  197. 

Pre- emptor : 

47.  Who  after  settlement  changed  his  filing  to  a  homestead  entry 

on  same  land,  is  entitled  to  have  the  time  required  to  per- 
fect his  title  computed  from  date  of  original  settlement. 
Sec'y.  June  20,  1882.    C.  P.  R.  R.  Co.  v.  Baker,  9  C.  L.  O.,  82. 

48.  Who  settled  before  the  indemnity  withdrawal,  but  failed  to 

assert  his  claim  within  three  months  after  the  filing  of  the 
township  plat ;  held  that  the  right  of  the  settler  antedated 
that  of  the  railroad,  which  was  simply  a  right  to  select 
lieu  lands,  the  laches  of  the  settler  being  a  matter  between 
him  and  the  Gov't. 
Sec'y.  Aug.  18,  1882.  S.  P.  R.  R.  Co.  v.  Rosenburg,  9  C.  L. 
O.,  135. 

Priority : 

49.  The  question  of,  between  two  roads  claiming  right  of  way  under 

the  act  of  March  3, 1875,  is  one  of  fact  to  be  determined  by 

the  courts ;  the  Department  cannot  take  official  cognizance 

of  such  questions. 
Sec'y.  April  10,  1882.     U.  and  W.  R.  R.  Co.  v.  Oregon  S.  L. 

"R'y  Co. 
Com'r.  (F.)    Oct.  12,  1882,  in  case  of  Oregon  R'y  and  Nav.  Co. 
.    V.  same,  concurred  in  by  Sec'y.  Oct.  16,  1882. 

Railroad  grunts  : 

See  Grants,  No.  2. 

Private  land  claims,  (Oregon  donations,)  No.  60. 

Relinquishment  : 

49a.  By  a  R.  R.  Co,  under  act  of  June  22,  1874,  only  relates  to  the 
person  in  whose  favor  it  is  made.  If  his  entry  be  canceled 
the  land  inures  to  the  R.  R.  Co.  if  it  has  not  selected  other 
laud. 
Com'r.  (F.)  June  22, 1881,  Laugh  ton  v.  N.  P.  R.  R.  Co. ;  June 
20,  1882,  Quin-ne-rao-seo  v.  same. 

Reservation  : 

50.  The  odd  sections  within  late  Ft.  Seward  military  reservation, 

reserved  subsequent  to  withdrawal  for  railroad,  held  to 
inure  to  railroad  upon  extinguishment  of  military  reserve. 
Sec'y.  Mar.  24,  1881.    N.  P.  R.  R.  Co. 


132  DIGEST    OF    DECISIONS. 

Reservation — Continued. 

51.  The  o(l<l-nnniboro(l   sections  in  Ft.  Aborcromhie  military  ros- 

(Mvation,  derlarod  by  Kxocutivo  Order,  alter,  onuit  to  R. 
K.  Co.,  but  before  designation  of  line  of  road,  held  to  be 
excepted  from  grant. 
Com'r.  (F.)     April  22,  1882.     Piche  and  Ferguson  i\  N.  P.  R. 
R.  Co. 
Residence  : 

52.  Continuous  residence  and  cultivation  required  on  laud  entered 

as  homestead.  Camping,  eating,  and  sleeping  thereon isnot 
a  compliance  with  the  statute.  Inclosing  the  homestead 
entry  with  an  adjoining  pre-emption  entry,  and  residing 
on  tlie  latter,  is  not  a  compliance  with  the  homestead  law, 
Sec'y.  June  20, 1882.    Barbeau  v.  S.  P.  R.  R.  Co.,  9  C.  L. O.,  81. 

Right  of  icay  : 

53.  Grant  of,  became  specific  and  attached  to  the  odd  sections  des- 

ignated by  the  act,  and  the  sections  indicated  were  with- 
drawn from  pre-emption  by  force  of  the  act. 
S.  P.  R.  R.  Co.  r.  Oiton,  G  Saw.,  C.  C,  157. 

54.  Granted  to  St  Jo.  &  Denver  City  R.  R.  Co.  by  act  of  July  23, 

1866,  through  the  public  domain,  is  absolute  and  in  pre- 
senti ;    and  one  subsequently  acquiring  a  parcel  of  such 
land  takes  subject  to  such  right. 
E.  R.  Co.  V.  Baldwin,  103  S.  C,  426. 

55.  Granted  by  act  of  July  1,  1862,  is  exclusive,  and  R.R.  Co.  may 

maintain  ejectment  against  an  intruder. 
C.  P.  R.  R.  Co.  V.  Benity,  5  Saw.,  C.  C,  118. 

56.  Is  not  exempt  from  operation  of  State  legislation. 

U.  P.  R'y  Co.  V.  B.  &  Mo.  R.  R.  Co.,  1  McCra.,  C.  C,  452. 

57.  Is  not  exempt  by  company's  charter  from  operation  of  the  laws 

of  Minnesota. 
N.  P.  R.  R.  Co.  V.  St.  P.  M.  &  M.  R'y  Co,  1  McCra.,  C.  C,  302. 

St.  Joseph  &  Denver  City  Railroad  Company  : 

See  Bailroads,  (location,)  Nos.  26,*27  ;  (practice,;  No.  41;  (right  of  way,) 
No.  54. 

St.  Paulj  Minneapolis  &  Manitoba  Railway  Company  : 

See  Railroads,  (construction,)  No.  5  ;    (filing,)  No.  11 ;  (right  of  way,)  No. 
57;  (selection,)  No.  58;  (settlement,)  No.  61. 

St.  Paul  <&  Sioux  City  Railroad  Company: 

See  Railroads,  (filing,)  No.  12. 

Selection : 

58.  The  act  of  June  22,  1874,  for  the  relief  of  settlers  on  railroad 

lands,  does  not  authorize  a  R.  R.  Co.  to  surrender  lands  in 
the  indemnity  limits  which  have  not  been  previously  se- 
lected, and  take  other  lands  in  lieu  thereof. 
Com'r.  (F.)    May  25,  1881.     Collar  v.  St.  P.  M.  «&  M.  R'y  Co. 

59.  The  R.  R.  Co.  is  not  entitled  to  select,  (in  either  its  granted  or 

indemnity  limits,)  land  lying  west  of  its  western  terminus, 
defined  by  a  line  at  right  angles  with  the  general  course  of 
its  route  at  such  terminus. 
Sec'y.  Sept  1,  1881.    F.  «&  P.  M.  R.  R.  Co. 


DIGEST    OF   DECISIONS.  133 

Selection — Continued. 

60.  Upon  relinquishment  by  R.  R.  Co.  to  a  settler,  and  the  selection 

of  other  land  in  lieu  of  that  relinquished,  the  entry  of  the 
settler  being  afterwards  canceled,  the  R.  R.  Co.  is  con- 
cluded from  claiming  the  land. 
Com'r.  (F.)     April  11,  1882.     Lauglilin  v.  K  P.  R.  R.  Co. 

60  a.  The  Geu'l  Land  Ofl&ce  cannot  instruct  the  local  officers  to  re- 
ceive the  Railroad  Co.'s  selection  of  lands  subsequent  to 
the  exi^iration  of  its  grant,  (July  1,  1880,)  as  the  granting 
act  makes  failure  to  complete  the  road  by  that  time  a  for- 
feiture of  all  lands  not  then  conveyed  by  patent,  and  de- 
clares the  grant,  for  all  not  so  conveyed,  void. 
Com'r.  (F.)    December  15,  1881.    Cal.  &  Or.  R.  R.  Co. 

Settlement : 

61.  And  filing  constitutes  an  entry  under  act  of  April  21,  1876,  as 

well  as  under  the  general  practice  of  the  Land  Dep't.  A 
settlement  and  filing  made  under  the  pre-emption  laws  on 
lands  within  the  limits  of  a  railroad  land  grant,  at  a  time 
subsequent  to  the  expiration  of  such  grant,  is  an  entry 
which  is  confirmed  by  section  3  of  said  act. 
Sec'y.  Oct.  20,  1882,  Wenzel  v.  St.  P.,  M.  &  M.  R'y  Co.,  2Rep'r, 
145  5  and  Nov.  6, 1882,  Dean  v.  same. 
Settler: 

62.  A  party  settled  prior  to  the  date  of  the  railroad  grant,  also  prior 

to  the  withdrawal,  and  afterwards  made  homestead  entry 
within  three  months  after  the  filing  of  the  township  plat 
in  the  local  land  office,  held,  ihat  the  entry  related  back, 
under  the  act  of  Mav  14.  1880,  to  date  of  settlement. 
Com'r.  (F.)  Jan.  13,  1882.  S.  H.  Bratton  v.  T.  &  P.  R'y  Co.  j 
June  22,  1882,  T.  Bratton  v.  same ;  May  19,  1882,  N.  B. 
Bratton  v.  same ;  same  date,  J.  E.  Flinn  v.  same. 

63.  The  same  as  if  he  had  settled  under  the  pre-emption  laws. 

Com'r.  (F.)  Jan.  17,  1882,  Cuddy  v.  A.  &  P.  R.  R.  Co. ;  April 
11,  1882,  Murphy  v.  same;  Mar.  18,  1882,  Ileguira  v. 
same. 

64.  Who  has  avowed  his  intention  to  perfect  his  claim  under  the 

preemption  laws,  cannot  make  homestead  entry  on  same 
land  under  section  3  of  act  of  May  14,  1880. 

Com'r.  (F.)     Mar  22,  1881,  Hunter  v.'n.  P.  R.  R.  Co. 

Sec'y.  Jan.  20,  1882. 

65.  Upon  a  tract,  at  date  of  definite  location  of  railroad,  proved  not 

to  have  abandoned  his  claim,  but  coni])]ied  with  legal  re- 
quirements as  to  inliabitancy,  &c.,  shoukl  be  allowed  to  re- 
main undisturbed,  subject  to  final  prool";  that  not  having 
been  made  within  the  specified  time,  should  be  required  to 
be  made  forthwith. 
Sec'y.  June  20,  1882.      C.  P.  R.  R.  Co.  v.  Baker,  9  C.  L.  O.,  82. 

66.  One  having  instituted  a  homestead  entry  prior  to  the  railroad 

withdrawal.  Mar.  20,  1881,  his  (;a.sh  entry  for  same  land, 
made  after  that  date,  niidcr  act  of  June  15,  1S80,  was  ])rop- 
erly  allowed  ;  and  the  railroad  is  not  entitled  to  indemnity 
under  act  of  June  22,  1874,  although  it  has  relinquished  in 
his  favor. 
Com'r.  (P.)     July  12,  1882.     Martin  v.  A.G.&W.  l.  Tr.  Co. 


134  DIGEST    OF    DECISIONS. 

SeWer — Continued. 

G7.  Whoso  entry  was  cancolod  for  voluntary  relinqnishment,  made 
bocanso  ot'c-onllu't  with  railroad  j^iant,  who  might  have  in- 
voked tlio  remedy  jirovided  by  the  act  of  April  21,  187C, 
bnt  did  not,  is  entith'd  to  make  another  entry,  with  credit 
for  the  oris^inal  one. 
Com'r.  (F.)     July  5, 1882.     James  Keith. 

Settler's  right : 

68.  Eelates  back  to  date  of  settlement  under  act  of  May  14,  1880, 

defeating  railroad  right  attaching  between  date  of  settle- 
ment and  date  of  entry. 
Com'r.  (F.)     Jan.  8, 1881,  White r.K  P.  E.  R.  Co.;  May  19, 1881, 
Lopez  V.  S.  P.  K.  R.  Co. 

Soldier : 

69.  Homestead  entry  by,  in  actual  service,  under  act  of  March  21, 

18G4,  held  prima  facie  a  valid  entry,  and  to  except  the  land 
from  railroad  grant,  the  R.  R.  Co.  failing  to  allege  and 
prove  its  illegality. 
Com'r.  (F.)  Nov.  24,  1881.    Graham  v.  B.  &  D.  R.  R.  Co. 

70.  Homestead  entry  by  one  in  the  military  service  is  not  valid  in 

the  absence  of  proof  of  residence  on  the  land  by  some 
member  of  his  family;  and  subsequent  entry  of  another 
person  based  thereon  is  not  confirmed  by  section  2  of  act 
of  April  21,  1876. 
Sec'y.  (F.)    Feb.  2,  1881,  Stouder  v.  Mo.,  Kan.  &  Tex.  R'y.  Co. 

Sioux  City  and  Pacific  Railroad  Company : 

See  Railroads,  (pre-emption  rights,)  No.  46. 

Southern  Minn.  Railroad  Company: 
See  Eailroads,  (filing,)  No.  12. 

Southern  Mimi.  Railway  Express  Company  : 
See  Railroads,  (entry,)  No.  7. 

Southern  Pacific  Railroad  Company : 

See  iJaiZroarfs,  (General  Laud  Office, )  Nos.  17,  19;  (location,)  No.  25;  (min- 
erals,) No.  30;  (pre- emptor,)  No.  48;  (residence,)  No.  52;  (right 
of  way,)  No.  53;  (settler's  right,)  No.  68;  (trespasser,)  No.  73; 
(withdrawal,)  Nos.  77,  78. 

Suit : 

71.  In  equity,  may  be  maintained  by  the  TJ.  S.  to  annul  patent  is- 

sued without  authority  of  law. 
U.  S.  V.  L.  L.  &  G.  R.  R.  Co.,  1  McCra,  C.  C,  610. 

Taxation : 

72.  Lands  granted  to  Railroad  Co.,  and  earned,  though  no  patent 

had  been  issued  because  of  the  R.  R.  Co.'s  failure  to  pay 
for  surveys,  held  taxable. 
County  of  Cass  v.  Morrison,  28  Minn.  R.,  257. 

Texas  and  Pacific  Railway  Company  : 

See  Railroads,  (occupation,)  No.  31 ;  (settler,)  No.  62. 


DIGKST    OF    DECISIONS.  135 

Trespasser  : 

73.  In  action  against,  by  the  corporation,  cannot  traverse  the  title 

of  the  company. 
S.  P.  E.  E.  Co.  V.  Orton,  6  Saw.,  0.  C,  157. 

Union  Pacific  Railway  Company : 

See  Eailroads,  (right  of  way,)  No.  56;  (wife,)  No.  74. 

Utah  and  Wyoming  Railroad  Company: 
See  Eailroads,  (priority,)  No.  49. 

Wife: 

74.  Homestead  entry  by  a  woman  whose  husband  had  abandoned 

her,  held  valid  at  the  date  thereof,  and  to  except  the  land 
from  railroad  grant;  and  that  the  subsequent  return  of 
the  husband  did  not  change  its  status,  though  it  may  have 
prevented  its  completion, 
Sec'y.  March  14,  1881.     Eolph  v.  U.  P.  E.  E.  Co. 

Wills  Valley  Railroad  Company : 

See  Eailroads,  (Alabama  and  Chattanooga  R.  R.  Co.  and  Construction,) 
No.  5a. 

Withdrawal : 

75.  Although  a  tract  be  covered  by  a  valid  entry  prior  to  with- 

drawal for  general  route  of  railroad,  if  the  entry  be  can- 
celed before  the  definite  location  of  road,  the  tract  is  sub- 
ject to  the  grant. 
Com'r.  (F.)     May  6,  1881.     Eichardson  v.  N.  P.  E.  E.  Co. 

76.  A  tract  within  the  ten  miles  (granted)  limits  of  the  L.  L.  &  G^. 

E.  E.  Co.  and  the  twenty  miles  (indemnity)  limits  of  the 
M.  K.  &  T.  E'y.  Co.  at  the  date  of  the  withdrawal  for  the 
latter,  was  reserved  for  the  former,  and  could  not  be  se- 
lected under  the  withdrawal.  The  lands  of  the  L.  L.  &  Gr. 
E.  E.  Co.  having  been  declared  forfeited  by  the  act  of 
July  24,  1876,  and  the  tract  in  question  not  having  been, 
since  then,  selected  by  nor  withdrawn  for  the  M.  K.  &  T. 
E'y.  Co.,  is  subject  to  entry  under  the  homestead  law. 
Com'r.' (F.)     Sept.  2,  1882.     M.  K.  &  T.  E'y.  Co. 

77.  At  time  of  withdrawal  of  land  in  question  it  was  covered  by  a 

subsisting  homestead  entry,  subsequently  canceled,  which 
excepted  it  from  the  railroad  grant,  and  upon  its  cancella- 
tion the  land  reverted  to  the  U.  S. 
Sec'y.  June  20,  1882.    Barbeau  v.  S.  P.  E.  E.  Co.,  9  C.  L.  O., 
81. 

78.  Of  the  lands  by  the  act  of  Congress   being  absolute  and  un- 

conditional, the  Sec'y.  of  the  Interior  had  no  power  to  re- 
store thein  to  their  former  condition ;  they  could  only  be 
opened  to  pre-emption  bv  statutory  authority. 
S.  P.  E.  II.  Co.  V.  Orton,  6  Saw.,  C.  C,  157. 

79.  When   made  for  a  E.  E.  Co.  m  1873,  and  an  amended  with- 

drawal in  1879,  held  that  the  company  was  not  entitled  to 
the  lands  covered  by  both,  as  against  a  i)crson  who  settled 
after  the  first  and  before  the  last  withdrawal. 
Com'r.  (F.)    June  13,  1882.     Prepey  v.  N.  P.  E.  E.  Co. 

See  Mines,  cfc,  (notice,)  No.  154. 

Timber  depredations,  No.  19,  et  seq.  ;  (Mexican  and  Spanish  grants,) 
No.  IS. 


13G  DIGEST    OF    DECISIONS, 

RAILROAD  TITLE. 

See  Public  laiidf,  (patent,)  No.  276. 

RECEirHRS. 

See  Ae^'ouvia,  (cert's  of  deposit,)  Noe.  5,  6. 
Alines,  J-c,  (acting  ns  register,)  No.  200. 

RECEIVERS  OF  PUBLIC  MONEY. 

Parties  who  yield  to  unlawful  deinaiids  of,  do  so  at  their  peril. 

The  Goverimieiit  will  not  make  good  their  losses. 
Sec'y.  Dec.  4,  1880.    H.  O.  Hodges,  7  0.  L.  O.,  150. 

See  Accouvis,  Nos.  19,20,21. 

RECEIPT. 

See  Public  lands,  (transfer  of,)  No.  304. 

reclamation: 

See  Desert  lands,  No.  4. 

RECORDS— DIVISION  B. 

Secession  ordinance : 

1.  Review  of  alleged  private  entry  at  Little  Eock  Land  Office,  Ar- 

kansas, at  or  about  time  the  State  passed  the  ordinance  of 
secession. 
Sec'y.  June  21,  1880.    Isaac  Hicks,  7  0.  L.  0.,  71. 

Bounty-land  warrants: 

2.  Commissioner  of  Pensions  has  no  authority  to  cancel,  in  the 

hands  of  an  innocent  assignee;  nor  jurisdiction  to  decide 
as  to  who  is  innocent  purchaser.    Definition  of  term  "in- 
nocent purchaser.^' 
Sec'y.  July  23,  1881.    Andrew  Anderson  el  al,  8  C.  L.  O.,  95. 

3.  Where  two  have  issued  to  one  person,  and  both  have  been  lo- 

cated, both  must  be  satisfied,  except  in  case  of  forgery. 
Com'r.  (B.).    To  E.  &  E.,  Camden,  Ark.,  9  C.  L.  O.,  137. 

Patents  : 

4.  When  patent  has  been  regularly  signed  and  recorded,  the  right 

to  its  possession  by  grantee  is  perfect.  Mandamus  will  lie 
to  enforce  its  delivery.  Power  of  the  Land  Department 
over  the  proceeding  in  the  case  ceases  with  the  last  act 
necessary  to  pass  the  title.  Title  by  patent  is  title  by 
record,  and  delivery  of  the  instrument  is  not  necessary. 
TJ.  S.  ej7  rel.  McBride  v.  Schurz. 
Sec'y.,  &c.,  102  S.  C,  378. 

6.  Unless  void  upon  its  face,  must  be  regarded  as  the  property  of 
the  grantee.    Proceeding  for  delivery  of  canceled  i)atent6 
in  Gen'l  Land  Office. 
Sec'y.  to  Com'r.    Feb.  28,  1881,  8  C.  L.  O.,  10. 

6.  Eelinquishment  of  lands  embraced  in  an  erroneous. 

Com'r.  (B.)     To  E.  &  E.,  Worthington,  Minn.,  Sep.  19,  1882. 


DIGEST    OF    DECISIONS.  137 

Patents — Continued. 

7.  Executed,  but  canceled  by  Com'r.  of   Pensions;  cancellation 
unauthorized,  and  instrument  must  be  delivered  under  the 
McBride  decision. 
Sec'y.  to  Com'r.,  July  23,  1881.   Andrew  Anderson  et  .al.,  8  0.  L. 
O.,  95. 

See  Mines,  rf-c,  No.  201. 

Public  lands,  Nos.  305, 30G. 

EEGISTEFi. 
See  Mines,  ^-c,  (publication,)  No.  195. 

REGISTER  AND  RECEIVER. 

See  Accounts,  Noe.  22,  23,  24;  (fees  and  commissions,)  Nos.  11, 12. 

Practice,  (appeal,)  Nos.  1,2;  (dismissal  of  appeal,)  No.  3;  (failure  to 

appeal,)  Nos.  4,5;  (notice  of  appeal,)  Nos.  8,9;  (jurisdiction,) 

No.  6. 
Pre-emption,  No.  123;  (waiver,)  No.  169. 
Private  land  claims,  (appeal,)  No.  8. 
Public  lands,  Nos.  307,  et  seq. 

REHEARING. 

See  Practice,  (jurisdiction,)  No.  6. 

Private  land  claims,  (practice, )  Nos.  97,98,99;  {stare  dedcis,)  No.  114. 

RELINQ  UISHMENT. 

See  Public  Lands,  Nos.  314,  et  seq. ;  (preference  riglit,)  No.  292 ;  (timber- 
culture  entry  man,)  Nos.  375, 376, 377, 378 ;  (timber-culture  entries, ) 
Nos.  392,393,401. 
Railroads,  No.  49a;  (selection,)  No.  60. 

RELOCATION. 

See  Mines,  4-c.,  Nos.   204,  205;   (abandonment,)  No.  3;   (expenditure,) 
No.  86. 

REPAYMENT. 

See  Accounts,  No.  25,  et  seq. 
Mines,  #o.,  No.  202. 

REQUIREMENTS. 

See  Puhlic  lands,  No.  326,  et  seq. ;  (soldier's  dec.  statement,)  No.  354. 

RESERVATION. 

See  Construction,  No.  1. 

Mexican  and  Sj)ani»h  grants,  No.  1. 

Mines,  ^c,  No.  207,  et  seq.;  (mineral  lands,)  No.  141;  (patent,)  Nos. 

157, 158. 
Pre-emption,  (pre-emption  right,)  No.  103. 
Private  land  claims,  Nos.  107,108,109;  (Now   Mexico  donations,)  No. 

42. 
Railroads,  Nos.  50,51. 

RESERVED  CHEROKEE  LANDS. 
See  Indian  lands,  No.  1. 


138  DIGEST    OF    DECISIONS. 

liESIDENCE. 

Seo  rre-rmpiio»,  No.  124,  ct  seq. ;  (Osago  T.  and  D.  R,  lauds  )  Nob.  93,94: 
(sottloiiiont,)  Nos.  VM\  140. 
Priratc  Imid claims,  (Orogon  douatioiis,)  Nos.  46,77,78. 
Public  /(jH(/.t,  No.  'X\0,  ci  seq. ;  (circular  instruct ious,)  No.  01 ;  (conBtrno- 

tion,)  No.  70;  (entry,)  No.  157;  (homestead  entry,)  No.  226. 
Bailroada,  No.  52. 

EES  JUDICATA. 

See  Mines,  cf-c,  No.  202. 

RESTORATION  TO  MARKET. 

See  PuMic  lands,  Nos.  337,  338. 

RESULTING  TRUST. 


See  Mines,  <|-c..  No.  211. 
Patent,  No.  21. 


REVIEW. 


See  Land  Department,  No.  7. 
Pre-emption,  No.  133. 
P«&Zic  Zanrfs,  Nos.  339,  340. 

REVISED  STATUTES. 

See  iftn«8,  ^c,  (construction,)  No.  73. 

RLGHT  OF  WAY. 

See  Railroads,  No.  53,  et  seq. 

RIPARIAN  RIGHTS. 

1.  Extend  laterally  into  the  stream.    Rocks  and  shoals  along  the 

margin  of  navigable  rivers  above  tide- water  belong  to  the 
riparian  owner. 
Moore  v.  Willamette  T.  and  L.  Co.,  7  Oregon  R.,  355. 

2.  When  a  navigable  stream  is  meandered  in  making  the  public 

surveys  and  the  U.  S.  has  granted  to  the  meander  line, 
the  grantee  takes  to  the  river.    The  stream  and  not  the 
meander  line  is  the  true  boundary  of  the  riparian  owner. 
Minto  V.  Delaney,  id..,  337. 

3.  Lands  patented  by  the  U.  S.  on  a  tide-water  stream  extend  to 

the  meandered  line  of  the  stream,  which  is  the  line  of  or^- 
nary  high  water. 
Parker  v.  Taylor,  id.,  435. 

See  Accretions. 

RULES. 

See  Land  Department,  No.  4. 
Practice,  Nos.  10,11. 
Pre-emption,  (waiver,)  No.  169. 
Private  land  claims,  (appeal,)  No.  7. 

SALES. 

See  Accounts,  (Indian  reservation,)  No.  16. 

Mines,  <^c.,  (niinerr.l  springs.)  No.  142;  (mining  claim,)  No.  149. 
Pre-emption,  (timber,)  No.  151. 
Public  lands.  No.  344. 
Swamp  lands.  No.  5. 


DIGEST    OF    DECISIONS.  139 

SALINE  LANDS. 
See  Public  lands,  No.  345. 

SCHOOL  LANDS. 

1.  Grant  of,  in  Califoruia  was  not  intended  to  cover  mineral  lands. 

Such  lands  were,  by  the  general  j)olicy  of  the  Gov't.,  ex- 
cluded from  all  grants. 
Mining  Co.  v.  Cons'd.  M'g.  Co.,  102  S.  C,  1G7. 

2.  In  default  of  proof  that  the  lot  claimed  as,  was  ever  selected  as 

such  under  the  act  of  Congress,  held  that  there  should  be 
judgment  of  non-suit,  without  passing  upon  the  issues  of 
title,  &c.,  raised  by  the  pleadings. 
School  Board  v.  EoUins,  33  La.  An.  E.,  424. 

3.  Sections  16  and  36,  by  act  of  Mar.  3, 1853,  though  mineral  lands, 

were  granted  to  the  State  of  California. 
Wedekind  v.  Craig,  56  Cal.  E.,  642. 

4.  Sections  16  and  36,  by  act  of  Mar.  3, 1853,  are  reserved  from 

grant  to  State  wheu  settlement,  by  the  erection  of  a  dwell- 
ing or  cultivation,  has  been  made  on  the  land  prior  to  sur- 
vey ;  and  the  State  must  select  other  lands  in  lieu. 
Id.,  and  Mining  Co.  v.  Cons'd  M'g  Co.,  102  S.  C,  167. 

6.  Settlement  on,  within  section  7  of  act  of  Mar.  3,  1853,  is  not  re- 
quired to  be  the  same  as  in  cases  of  pre-emption. 
Mining  Co.  v.  Cons'd  M'g  Co.,  102  S.  C,  167. 

6.  The  resolution  of  Congress,  relating  to  Osage  ceded  lands,  oper- 

ated as  a  grant  of  the  16th  and  36th  sections  to  Kansas 
for  school  purposes. 
Baker  v.  Newland,  25  Kan.  E.,  25. 

7.  Title  to  sections  16  and  36  does  not  vest  in  State  before  the  ap- 

proval of  the  township  survey  by  U.  S.  surveyor  gen'l. 
Application  to  purchase  prior  thereto  is  void. 
Medley  v.  Eobertson,  55  Cal.  E.,  396. 

8.  When  forfeited  for  non-payment  of  purchase  money  to  State, 

and  sold  for  taxes,  the  purchaser  paying  balance  and  re- 
ceiving patent,  the  title  cannot  be  questioned. 
Baker  v.  Newland,  25  Kan.  E.,  25. 

See  Mines,  (^'C,  (coal  lands,)  No.  63. 

Pre-emption,  Nos.  134,  135;  (occupation,)  No.  85;  (settlement,)  No.  143. 
Timber  depredations.  No.  25. 

SCRIP. 
See  Choctaw  scrip. 

Military  hounly-land  warrants,  No.  1,  et  seq. 

Patent,''No.  14'. 

Pre-emption,  (Valentino  scrij),)  No.  164. 

Private  land  claims,  (indemnity  scrip,)  Nos.  31,  32,  33;  (patent,)  No. 

91;    (Supreme   Court  scrip,)  No.   115,  et  seq.;  (surveyor  gen'l's 

scrip,)  Nos.  122,  12;5. 
Public  lands,  (iittorney,)  No.   47;  (Indian    lands,)  No.   233;  (Indian 

scrij),  Chippewa   half-breod,  Choctaw,  Kaw,)  Nos.  237,  238,  239, 

240  ;  (military  bonnty-laud  warrants,)  No.  2.53. 
Sioux  half-breed  scrip,  Nos.  1,  2. 

SEAL  OF  GEN'L  LAND  OFFICE. 
See  Mines,  .j-o.,  (patent,)  No.  1(58. 


140  KIGEST    OF    DECISIONS. 

SECRET  Any  OF  THE  Ih'TKniOIi. 

8oe  Land  htpnrtmcnt,  No.  1,  d  »e<]. 

Priratf  land  rlaimK,  (iiractico,)  No.  98. 
I\ailio<id!<.  (withdrawal,)  No.  76. 

SELECTION. 

See  I^re-ctnption,  No.  136. 

I'riratt'  land  claims,  No.  110,  it  seq. 
JiaUroads,  Nos.  58,  59,  (iO;  (Kansas,)  No.  21a. 
Suamp  lands,  Nos.  G,  7,  8. 

SETTLEMENT. 

See  rre-emption,   No.  137,  e*  seq.;  (alien,)  No.  8 ;  (preference  right,)  No 
107;  (n'siilonco.)  Nos.  124,  12G. 
Private  land  clniins.  (Oregon  donations,)  No.  66. 
Public  lands,  Nos.  346,  347,  348, 

Railroads,  No.  61  ;  (settler's  right,)  No.  68;  (withdrawal,)  No.  79. 
School  lands,  Nos.  4,  5. 

SETTLER. 
See  Construction,  No.  4. 

Indian  lands,  (ceded  neutral  lands,)  No.  2. 

Pre-emption,  (dec.  statement,)  No.  37;  (Osage  T.  and  D.  R.  lande,) 

No.  90;  (settlement,)  No.  144;  (town  lots,)  No.  156. 
Public  lands,  No.  349. 

Railroads,  No.  62,  et  seq. ;  (selection,)  No.  58. 
Tmon  sites,  No.  3. 

SETTLER'S  RIGHT. 

See  Railroads,  No.  68. 

SINGLE  MAN. 

See  Private  land  claims,  (Oregon  donations,)  Nos.  55,57. 

SINGLE  WOMAN. 

See  Pre-emption,  (waiver,)  Nos.  166, 167. 

Private  land  claims  (Oregon  donations,)  No.  47. 

Public  lands,  (timber-culture  entryman,)  No.  380;  (woman,)  No.  4S4. 

Sioux  half -breed  scrip : 

1.  Location  of,  is  not  allowable  upon  occupied  lands,  and  mu^t  be 

made  by  party  to  whom  issued,  or  under  i)ower  of  attorney 
from  him. 
U.  S.  V.  Chapman,  5  Saw.,  C.  C,  528. 

2.  Patent  under  scrip  location  cannot  properly  issue  pending  a  con- 

test between  a  claimant  under  State  selection  and  tbesfcrip 
claimant. 
Id. 

SOLDIER. 
See  Railroads,  Nos.  69,  70. 

SOLDIER'S  ADDITIONAL  HOMESTEADS. 

Bee  Public  lands,  (instructions,)  No.  243. 

SOLDIERS  AND  SAILORS. 

See  Public  lands,  (sailors.) 

SOUTHERN  STATES. 

See  Pre-emption,  Nos.  147, 148 :  (private  entry,)  No.  110. 


DIGEST    OF    DECISIONS.  141 

STARE  DECISIS. 
See  Private  land  claims,  No.  114. 

STATE  LAWS. 
See  Railroads,  (right  of  way,)  Nos.  56,  57. 

STATE  SELECTIONS. 

See  Accounts,  No.  44. 
Pre-emption,  No.  149. 
Private  land  claims,  (interfereuce,)  No.  34. 

STATUTES. 

See  Construction, 'Ho.  5. 

Pre-emption,  (construction,)  No.  l.'i,  et  meq. 

Private  land  claims,  (construction,)  Nos.  16,  17,  23,  24. 

Public  lands,  (construction,)  No.  72,  et  seq. 

SUCCESSION  PROCEEDINGS. 

See  Private  land  claims,  (surveyor  general's  scrip,)  No.  122. 

SUIT. 

See  Mines,  tj-c,  (adverse  claim,)  Nos.  7,  3,  14 ;  (mineral  entry,)  No.  137, 
Public  lands.  No.  357, 
Railroads,  No.  71. 

SUPREME  COURT  SCRIP. 

See  Private  land  claims,  No.  115,  et  seq. ;  (patent,)  No.  91. 

SURFACE  GROUND. 

See  Mines,  cfc,  Nos.  214,  215. 

SURFACE  LINE. 

See  Mines,  ^x,.  No.  216. 

SURVEYOR  GENERAL. 

* 
See  Mines,  ^c,  No.  226,  et  seq.;   (character  of  land,)  No.  53;   (lode  or 
ledge,)  No.  118. 

SURVEYOR  GENERAL'S  SCRIP. 
See  Private  land  claims,  Nos.  122,  123. 

SURVEYS— DIVISION  E. 

The  right  to  make  deposit  of  cost  of,  by  applicant  for,  under 
E.  S.  2401,  2402,  and  2403,  is  limited  to  settlers,  which  got- 
porations  are  not. 

Com'r.  (E.)    Nov.  8,  1881.    A.  &  P.  R.  R.  Co. 

Sec'y.  July  8,  1882. 

See  Construction,  No.  5. 

Land  Dep'L,  (Gen'l  Land  Office,)  Nos.  15,  10. 

Mines,  cjc,  No.  217,  et  seq.;  (plats  and  field  notes,)  No.  ISO. 

Pre-emption,  (dec.  statement, )  No.  39. 

Private  land  claims.  No.  124,  et  seq.;  (jurisdiction,)  Nos.  39,  4<>. 

Pultlic  lands.  No.  356. 


142  DIGEST    OF    DECISIONS. 


SWAMP  LANDS— DIVISION  K. 


1.  Indemnity  tor.      riie  State  of  lUiiious  not  entitled  to,  under  the 

swamp  land  grants,  for  lands  sold  by  the  United  States  prior 
to  tliecoidirmatory  act  of  Mar. ;},  1857,  and  sitnated  within 
the  granted  limits  of  the  111.  Cent.  R.  K.  The  ([uestion 
being  res  judicata  by  the  decision  of  the  Department  of 
Kov.  1*0,  1855. 

Com'r.  (K.)     .Mar.  19,  1880.     State  of  Illinois. 
Att'y  Geu'l.  Feb.  21,  1881. 

Sec'y.  Mar.  2,  1881,  8  C.  L.  O.,  59. 

2.  Indemnity  for,  claimed  by  State  of  Illinois,  under  act  of  Mar.  2, 

1885 ;  selection  of  12,340.51  acres  having  been  made  and 
certificate  issued  by  the  General  Land  Oitice  therefor,  Aug. 
26, 18C3,  containing  the  statement  that  the  State  would  be 
entitled  to  an  equal  quantity  of  public  lands  within  the 
State,  "  if  such  lands  could  be  found  there  liable  to  be  taken 
under  said  act;"  application  denied;  there  being  no  lands 
in  the  State  that  can  be  located  in  satisfaction,  and  as  be- 
ing res  judicata  by  former  decisions. 

Com'r.  (K.)     Sept.  0,  1880.     State  of  Illinois. 

Sec'y.  Oct.  19,  1881,  8  C.  L.  O.,  141. 

3.  Lands  within  claimed  exterior  limits  of  private  land  claim,  at 

date  of  swamp-land  act,  Mar.  2,  1849,  were  reserved  from 
its  operation,  and  did  not  pass  to  the  State. 
Com'r.  (K.)     i^Tov.  24, 1879.     Houmas  grant,  Louisiana. 

4.  Reversed  by  Sec'y.  May  3,  1881,  holding  that  by  the  decision  of 

the  Dep't  of  May  8,  1878,  the  Houmas  grau{  was  limited 
to  a  depth  of  42  ai  pents,  and  did  not  include  the  land  in 
question,  which  should  be  listed  to  the  State. 
8  C.  L.  O.,  21. 

5.  Sales  of,  by  United  States,  prior  to  confirmation  to  State  by 

approval  of  Sec'y  of  Interior,  hold  as  against  claim  of  State 
under  swamp-land  acts. 
Com'r.  April  14,  1882.     St.  Arant  v.  State  of  Oregon,  9  C.  L. 
O.,  83. 

6.  Selection  of,  by  R.  R.  Co.  in  Michigan,  denied;  the  plat  and  field 

notes  of  survey  showing  the  land  to  be  swamp,  and  there- 
fore inuring  to  the  State  under  act  of  Sept.  28,  1850,  and 
that  being  the  method  agreed  upon  by  the  Government 
and  the  State  by  which  to  determine  the  character  of  the 
land. 

Com'r.  (K.)  Dec.  16,  1880.  F.  &  P.  M.  R.  R.  Co.  v.  State  of 
Mich. 

Sec'y.  Oct.  1,  1881. 

7.  Selection  of;  by  State  of  Michigan,  and  reported  as  swamp,  but 

not  approved.  Cash  entry  upon  same  by  L.,  but  canceled 
for  con  11  id  with  State  claim  and  purchase  money  refunded ; 
under  act  of  Mar.  2,  1855,  purchase  money  may  be  repaiil 
by  L.,  and  land  patented  to  him. 
Com'r.  (K.)  Oct.  3,  1882.  Lawrence  v.  State  of  Mich.,  9  C.  L. 
O.,  39. 


DIGEST    OF    DECISIONS.  143 

8.  Selection  of;  proof  of  incompetent,  where  it  did  not  appear  that 

the  list  had  been  approved  by  the  surveyor  gen'l  or  the 
U.  S.  Laud  Dep't. 
County  of  Buena  Vista  v.  I.  F.  &  S.  C.  E.  R.  Co.,  55  Iowa  E., 
157. 

9.  The  swamp  and  overflowed  lands  donated  by  the  CTnited  States 

to  Arkansas,  are,  unless  sooner  reclaimed,  exempt  from 
taxation  for  ten  years  after  they  have  been  sold  by  the 
State. 
R.  E.  Co.  V.  Loftin,  105  S.  C,  258. 

TAXATION. 

See  Railroads,  No.  72. 
Swamp  lands,  No.  9. 

TECHNICALITY. 

See  Pre-emption,  No.  150. 

TELEGRAPH  COMPANIES. 

See  Timber  depredations,  No.  26. 

THREATS. 

See  Public  lands.  No.  359. 

TIDE  LANDS. 

1.  In  California, — unless  subject  to  reservation  by  Mexico  for  mili- 

tary purposes,  or  otherwise  disposed  of  by  her,  were  taken 
and  held  by  the  United  States  in  trust  for  the  future  State. 
Le  Eoy  v.  Dunkley,  54  Cal.  E.,  452. 

2.  Lands  subject  to  tidal  overflow  are  not  included  in  private  grants 

under  Spanish  and  Mexican  authority,  and  are  not  to  be 

classed  as  public  lands. 
Com'r.  (E.)    Nov.  19,  1881.    Dennis  Cook. 
Sec'y.  Oct.  5,  1882. 

See  Mines,  ^c.,  (placer  claim,)  No.  178. 
TIDE  WATER. 

See  Private  land  claims,  (boundary,)  No.  12. 
Riparian  rights,  Nos.  1,  3. 

TIMBER. 

See  Mines,  ^'C.,  No.  234. 
Preemption,  No.  151. 

Public  lands,  (homestead  entries, ) No.  216 ;  (timber  culture,)  No.  372. 
(Timber  trees,')  No.  413. 

TIMBER  AGENTS. 

See  Timber  depredations,  Nos.  27,  28. 

TIMBER  CULTURE. 

See  Pre-emption,  (preference  right,)  Nos.  107,  108. 

Public  lands,  No.  360,  et  seq. ;  (hoincstoad  entry,)  No.  216;  (mulching,) 
No.  256  ;  (prorcrcuco  right,)  Nos.  290, 292, 293;  Crelinquishment,) 
Nos.  315,  316,  317,  322,  324,  325;  (timber-culture  entryinan,)  No. 
374,  et  seq. 


144  DIGEST    OF    DECISIONS. 

TIMBER-CULTURE  ENTRIES. 

See  Accounts,  (fees  and  couuni88ion&,)No.  15. 
Fublic  Jands,  No.  34*5,  ei  siq. 

TIMBER-CULTURE  ENTRYMAN. 
See  ruhlic  lands,  No.  374,  et  8eq. 

TIMBER-CULTURE  LAWS. 

See  Publio  lands,  Nos.  409,410,  411 ;  (pre-emption  and  timber-culture  laws,) 
No. 287  (requirements,) Nos.  32(5,  327,  328. 

TIMBER  DEPREDATIONS— DIVISION  P. 

Accretions: 

1.  Lands  formed  by, — adjoiuing  public  lauds,  belong  to  the  Gov't, 

from  which  timber  cauuot  be  cut  without  violation  of  l^w. 
Com'r.  (P.)     Oct.  4,  1881.    Wm.  Keminger. 

Construction  : 

2.  Under  acts  of  June  3,  1878,  (chaps.  150  and  151,)  timber  cut  in 

any  of  the  States  or  Territories  named  in  either  act,  not  to 
be  exported.  Agriculturists  and  miners  may,  committing 
no  waste,  cut  timber  from  i^ublic  lands  for  clearing  and 
preparing  them  for  tillage,  and  for  the  ordinary  working 
of  mines.  One  who  cuts  for  the  farmer  or  miner  for  above 
Ijurposes  is  protected,  the  same  as  thev  would  be. 
Sec'y.  June  3,  1878. 

Contractors  : 

3.  For  timber  unlawfully  taken  from  public  land,  knowing  or  hav- 

ing reason  to  believe  it  was  so  taken ;  or  who  cut  or  en- 
couraged or  incited  others  to  do  the  unlawful  cutting,  are 
liable  to  civil  and  criminal  prosecution. 
Com'r.  (P.)   .Feb.  15,  1882.     M.  Krebs. 

Damages  : 

4.  Homestead  claimant  cannot  collect,  for  timber  cut  on  unpatented 

claim,  or  hold  for  damages  the  timber  cut ;  the  Gov't  only 
has  that  right. 
Com'r.  (P.)     Mar.  6,  1882.     M.  T.  records. 

5.  Innocent  purchaser  of  timber  illegally  cut  may  be  sued  by  U. 

S.  for  full  enhanced  value ;  or  timber  may  be  replevied. 
Ely  V.  U,  S.,  4  Dillon,  C.  C,  465. 
Com'r.  (P.)     Dec.  1, 1880,  Oscar  B.  Barber;  Feb.  24,  1881,  Wm. 

F.  Prosser;  U.  S.  v.  Smith,  April  term,  U.  S.  dis't.  court. 

Ark. 

6.  In  action  for  timber  cut  and  carried  away,  the  measure  of  dam- 

ages is  :  1.  Where  defendant  is  a  willful  trespasser  the  full 
value  at  time  and  place  of  demand  or  of  suit  brought,  with 
no  deduction  for  labor  and  expense  of  defendant.  2.  Where 
defendant  is  an  unintentional  trespasser,  or  his  innocent 
vendee,  the  value  at  time  of  conversion,  less  the  enhanced 
value  by  their  labor  and  expense.  3.  When  defendant  is 
a  purchaser  without  notice  of  wrong  from  a  willful  tres- 
passer, the  value  at  time  of  i)urchase. 
E.  E.  B.  W.  W.  Co.  V.  U.  S.  (in  error.)  U.  S.  Sup,  Court,  Oct. 
term,  1882. 


DIGEST    OF    DECISIONS.  145 

Fires  : 

7.  Destruction  of  timber  by ;  directions  for  prevention,  &c. 
Com'r.  (P.)     Circular,  Sept.  9,  1882,  9  0.  L.  O.,  136. 

Homestead  and  pre-emption : 

8.  Homesteaders  residing  ujjou  tbeir  claims  may  cut  timber  on  the 

portion  to  be  cultivated  ;  surplus  tbereof,  not  required  for 
actual  improvements,  and  sucb  only,  may  be  sold  by  claim- 
ant. 
Com'r.  (P.)     Jan.  27,  1882,  Cba's  Conner;  Feb.  3,  1882,  A.  M. 
Casted ;  Feb.  28,  1882,  J.  17.  Prince,  8  C.  L.  O.,  192. 

9.  Homestead  claimant,  in  possession  of  the  land  covered  by  his 

entry,  is  entitled  to  protection  from  the  courts  against 
timber  trespassers  thereon. 
Act'g.  Com'r.  (P.)     Jan.  7,  1881.     W.  T.  Nelson. 

10.  Homestead  and  pre  emption  claimants  are  liable  to  i)rosecution, 

civil  and  criminal,  for  cutting  and  disposing  of  timber  from 
their  claims  not  entered  in  good  faith,  or  cut  under  false 
pretenses  of  improving,  &c. 
■  Com'r.  (P.)     Dec.  1,  1880.     O.  B.  Baker.    Bly  v.  U.  S.,  4  Di)- 
lon,  C.  C,  465. 

11.  Homestead  is  an  estate  with  conditions  precedent.     The  entry 

is  in  fact  but  an  application  only,  giving  the  applicant  no 
proi)erty  in  the  land  until  acquired  by  compliance  with  the 
requirements  of  law. 
Com'r.  (P.)     Feb.  24,  1882.     U.  S.  v.  Wiley. 

Mesquite  : 

12.  Cannot  be  cut  from  public  lands,  mineral  or  non  mineral,  to  be 

exported  from  State  or  Territory  where  cut,  or  for  sale  to 
any  railroad  for  fuel  or  repairs ;  may  be  cut  from  mineral 
lands  for  use  of  actual  settlers,  residents,  or  jniuers,  only. 
Com'r.  (P.)     Circular,  Oct.  12,  1882,  2  Rep'r,  147. 

Mexican  and  Spanish  grants  : 

13.  Lands  claimed  under  are  U.  S.  lands  until  confirmed  ;  pending 

which  the  grant  claimants  have  no  right  to  cut  timber 

thereon  for  sale ;  nor  have  railroad  companies  a  right  to 

cut  or  dispose  of  timber  on  such  grants. 
Com'r.  (P.)     July  25,  1881,  Conway,  Kisque,  and  Childers;  to 

Sec'y.  Feb.  i,  1882;  July  15, 1882,  9  C.  L.  O.,  121;  2  Rep'r, 

131. 
Sec'y.  June  3,  1882,  9  C.  L.  O.,  80. 

Military  post : 

14.  Contractor  for  supplying,  may  cut  wood  on  public  land  for  the 

purpose — not  committing  waste — provided  the  Gov't  only 
pays  for  the  cutting  and  hauling. 
Sec'y.  Sept.  26,  1882,  9  C.  L.  O.,  136. 

Mining  claims : 

15.  Locators  of,  complying  with  the  law  governing  their  possession, 

are  invested  with  exclusive  right  of  possession  and  enjoy- 
ment of  all  the  surface  embraced  in  their  location  ;  have 
a  transferable  property  interest  therein,  which  may  be  as- 
serted in  the  courts.  The  Gov't  cannot  be  made  a  party 
in  a  suit  for  trespass  on  such  location. 
H.  Mis.  45,  i)t.  1 10 


14G  DIGEST    OF    DKCISIOiNS. 

Mining  claims — (.'outiimed. 

IG.  Timber  necessary  lor  initiii)g  purposes  thereon,  only  can  be  cut 
on  niininj;'  ground. 
U.  S.  v.  Nelson,  5  Saw.,  C.  C,  (18. 

17.  Timber  may  be  cut  from  mineral  lands  for  domestic  and  mining 

imrposes  only — not  for  export.     None  less  than  8  inches 
diameter  can  be  cut.     Waste  is  prohibited  and  destruction 
bv  fues. 
Sec'y.^^Iay  I'o,  1.-82,  0  C.  L.  O.,  G3,  100,  2  Rep'r,  115,  123. 

Purchasers  : 

18.  Of  timber  unlawfully  cut,  knowing  the  fact,  or  of  lumber  made 

from   the  same,  are  liable  to  prosecution,  both  civil  and 
criminal. 
Com'r.  (P.)     Feb.  24,  1881.   W.  F.  Prosser. 

Railroads  : 

19.  Authorized  agents  of  only,  (and  the  men  employed  by  them,) 

can  take  timber  from  the  public  lands  for  construction 
pur])0'es. 
Com'r.  (P.)     Oct.  27, 1881,  J.  W.  Jones;  Mar.31, 1882,  Newkirk, 
Riley  &  Graves,  9  C.  L.  O.,  38.     Circulars,  July  15,  1S81, 
1  Rep'r  50;  June  30,  1882,  2  id.,  123,  9  C.  L.  O.,  100. 

20.  Cannot  take  timber  from  public  land  along  the  line  of  one  road 

to  construct  another  ;  but  only  from  land  along  the  road 
to  be  constructed. 
Com'r.  (P.)    Aug.  3,  1881,  A.  T.  &  S.  F.  R.  R.  Co.;  Nov.  2, 

1881,  N.  M.  &  S.  P.  R.  R.  Co. ;  Nov.  25,  1881,  A.  T.  &  S. 
F.  R.R.  Co.;  Jan.  10, 1882,  N.  M.  &  S.  P.  R.  H.  Co.;  to 
Sec'y.  Julv  15,  1882,  9  C.  L.  O.,  121,  2  Rep'r  131.  Circu- 
lars, Julv  15, 1881,  1  Rep'r,  50;  June  30,  1882,  2  Rep'r  123, 
9  C.  L.  6.,  100;  July  22,  1882,  9  C.  L.  O.,  100. 

21.  Maps  of  location  must  be  filed  and  approved  before  timber  can 

be  taken  from  adjacent  public  lands  for  construction  ;  and 
before  the  application  required  by  circular  of  July  15, 1881, 
can  be  granted. 
Com'r.  (P.)     Oct. 25,  1881,  R.  &  R.,  Boise  City,  Idaho:  May  4, 

1882,  O.  S.  L.  R'y.  Co. ;  same  date,  U.  N.  R'y.  Co. 

22.  Their  right  to  take  material  from  public  lands  for  construction 

purposes,  ceases  on  completion  of  track  between  terminal 
points. 
Com'r.  (P.)   Feb.  20, 1882.    N.  M.  &  S.  P.  R.  R.  Co.,  1  Rep'r,  91. 

23.  Unearned  lands,  within  limits  of  grants  to  railroads,  are  subject 

to  control  of  Land  Dep't.,  and  timber  thereon  will  be  pro- 
tected from  trespass. 
Com'r.  (P.)   Aug.  27  and  Nov.  16,  1881.   N.  P.  R.  R.  Co. ;  U.  S. 
V.  Childers,  U.  S.  dis't.  court,  Oregon,  June  term,  1882. 

24.  Until  definite  location  is  made  and  approved,  and  land  op- 

posite each  section  of  road  earned,  it  should  be  protected 
by  the  Gov't  from  timber  trespass. 
Com'r.  (P.)     Oct.  14,  1881,  and  Nov.  16,1881.    W.  F.  Pros-er. 


DIGEST    OF    DECISIONS.  147 

School  lands: 

25.  Timber  cannot  be  taken  from,  by  railroads  or  settlers.     Such 

lands  are  reserved  from,  not  included  in  public  lands  from 
which  timber  may  be  taken,  or  which  are  open  to  settle- 
ment. 
Com'r.  (P.)     UTov.  16,  1881.     W.  F.  Prosser. 

Telegraph  companies  : 

26.  Complying  with  requirements  of  law,  (R.  S.  5263-69,)  can  take 

timber  from  i^ublic  lands  for  construction  of  line.     Indi- 
viduals or  associations,  not  so  organized,  so  cutting,  are 
liable  to  prosecution,  civil  and  criminal. 
Com'r.  (P.)     July  29,  1882.     T.  Harlan. 

Timber  agents  : 

27.  Apijointment  of,  by  Land  Dep't  recognized  by  Congress  by  ap- 

propriation for  their  payment. 
Well  V.  Mckles,  104  S.  C,  444. 

28.  Compromise  by  agent,  by  which  trespasser  pays  costs  and  gives 

bond  to  pay  for  timber  taken  when  value  shall  be  ascer- 
tained, is  binding  on  U.  S. 
Id. 

See  Mines,  ^-c,  (mining  claim,)  No.  147. 

TIMBEB-CULTUBE  LAW. 

See  Puhltc  lands,  No.  287. 

TIMBEB  LANDS. 
See  Public  lands,  No.  412. 

TITLE. 

See  Mines,  <fc..  No.  235. 
Patents,  No.  18. 
Private  land  claims,  (act  of  June  22,  I860,)  Nos.  2,  3,  4. 

School  lands,  Nos.  7,  8. 

TOWN. 

See  Pre-emption,  (incorporated  limits,)  No.  74  ;  (residence,)  No.  129. 

TOWN  LOTS. 

See  Pre-emption,  No.  152,  et  seq. 

TOWN  SITES. 

1.  Abandoned, — land  may  be  taken  up  under  donation  act. 
Bear  v.  Luse,  6  Saw.,  C.  C,  148. 

2.  Entry  of,  by  probate  judge  is  in  trust  for  occupants.     Party  in 

actual  possession  of  a  lot  cannot  be  deprived  of  his  right 
by  award  of  the  commissioners  and  deed  by  judge  to  an- 
other. 
Rathbone  v.  Sterling,  25  Kan.  R.,  444. 


148  DIGEST    OF    DECISIONS. 

3.  Settler  on,  has  a  mortgageable  interest ;  and  having  afterwords 
procured  the  title,  mortgage  becomes  valid. 
Reasoner  v.  Markley,  id.,  035. 

See  Mines,  <fc,  Nos.  236,  237 ;  (mill  site,)  No.  129;  (patent,)  Nos.  157, 158, 
159. 
rre-emptioii,  Nos.  158,  159,  IGO. 
Private  lajid  claims,  (Oregon  donations,)  No.  83. 

TRANSMUTA  TION. 

See  Pre-emption,  Nos.  161,  162;  (declaratory  statement,)  No.  32. 
Public  lands,  (entry,)  No.  157. 

TREATY  OF  GUADALUPE  HIDALGO. 
See  Mexican  and  Spanish  grants.  No.  7. 

TRESPASS. 

See  Mines,  tf-c,  (possession,)  No.  186. 
Pre-emption,  No.  163. 

TRESPASSER. 

See  Mines,  ^-c,  (locator,)  No.  108. 
Railroads,  No.  73. 

TUNNEL. 

See  Mines,  ^-c.  No.  238,  et  eeq.  ;  (lode  or  ledge,)  Nos.  120,  121 ;  (Sutro,)  No. 
230,  et  seq. 

U.  S.  DISTRICT  COURT. 

See  Private  land  claims,  (jurisdiction,)  Nos.  39,40. 

UNSURVEYED  LANDS. 

See  Pre-emption,  (possession,)  No.  96;  (State  selections,)  No.  149. 
Public  lands,  No.  414. 

UTAH. 

See  Mines,  ^-c,  (mineral  entry,)  No.  135. 
Pre-emption,  (settlement,)  No.  143. 

VALENTINE  SCRIP. 
See  Pre-emption,  No.  164. 

VARIANCE. 
See  Public  lands.  No.  416. 

VIOLENCE. 

See  Public  lands,  (forcible  intrusion,)  No.  183 ;  (threats,)  No.  359. 

WAIVER. 

See  Mines,  ^-c. ,  No.  241. 

Pre-emption,  No.  1()5,  et  seq. 

Private  land  claims,  (acceptance,)  No.  1. 


DIGEST    OF   DECISIONS.  149 

WATER  RIGHTS. 

1.  For  mining,  &c.,  are  rights  belonging  to  real  property,  and  can- 

not be  lost  by  non-user  alone,  short  of  the  period  of  limita- 
tion of  actions  for  the  recovery  of  real  proj^erty. 
Dodge  V.  Harden,  7  Oregon  R.,  456. 

2.  May  become  extinguished  by  abandonment, — by  an  act  showing 

an  intention  to  surrender  or  forsake  the  right. 
Id. 

WIDOW. 

See  Private  land  claims,  (Oregon  donations,)  Nos.  53, 62, 79, 81,  82. 

Public  lands,  "No.  417,  et  seq.;  (homestead  entries,)  No.  219;  (timber- 
culture  entryman,)  No.  383. 

WIFE. 

See  Pre-emption,  No.  171,  et  seq. 
Railroads,  No.  74. 

WILL. 
See  Public  lands,  No.  423. 

WITHDRA  WAL. 

See  Public  lands,  (settlement,)  No.  346. 
Railroads,  No.  75,  et  seq. 

WORK  AND  LABOn. 

See  Mines, ^c,  (abandonment,)  No.  5  ;  (mining  claim,)  No.  148. 
Public  lands,  (timber-culture  entryman,)  No.  384. 


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